Making and Changing Law in Small Jurisdictions / edited by Caroline Morris.

Format:

Book

Author/Creator:

Morris, Caroline.

Series:

The World of Small States, 2627-6003 ; 11

Language:

English

Subjects (All):

Conflict of laws.

International law.

Comparative law.

Law--Philosophy.

Law.

Law--History.

Private International Law, International and Foreign Law, Comparative Law.

Theories of Law, Philosophy of Law, Legal History.

Local Subjects:

Private International Law, International and Foreign Law, Comparative Law.

Theories of Law, Philosophy of Law, Legal History.

Physical Description:

1 online resource (200 pages)

Edition:

1st ed. 2024.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2024.

Summary:

This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws? Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction. This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.

Contents:

1 Navigating Law-making and Law Reform in Small Jurisdictions

Part I Case studies in law-making in small jurisdictions

2 A small state, a worldwide jurisdiction: Vatican City State and its legal system

3 Small states and constitutional reform: democracy in Malta

4 Drafting for effectiveness: Tuvalu's Climate Change Resilience Act 2019

Part II International influences and their impact on small jurisdictions

5 Mapping the UK's constitutional relationship with Britain's Overseas Territories in the human rights sphere

6 The Long Road to a Beneficial Ownership Regime in the Cayman Islands

7 Law Reform and Regulated Credit Reporting Systems in Commonwealth Small Island Developing States: a study of Jamaica

Part III Global perspectives on law-making and law reform in small jurisdictions

8 The Challenges and Rewards of Law Drafting in Small States.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

9783031469435

3031469437

OCLC:

1427068297