Comparative multidisciplinary perspectives on omnibus legislation / Ittai Bar-Siman-Tov, editor.

Format:

Book

Contributor:

Bar-Siman-Tov, Ittai, editor.

Series:

Legisprudence Library

Legisprudence Library ; v.8

Language:

English

Subjects (All):

Legislation.

Comparative law.

Physical Description:

1 online resource (332 pages)

Place of Publication:

Cham, Switzerland : Springer, [2021]

Summary:

This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they've had no opportunity to read it in detail and know what they're voting upon. The majority party's legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.

Contents:

Intro

Acknowledgments

Contents

Editor and Contributors

An Introduction to the Comparative and Multidisciplinary Study of Omnibus Legislation

1 Introduction

2 Conceptualizing and Defining Omnibus Legislation

3 Perspectives on Omnibus Legislation

4 Regulating the Use of Omnibus Legislation

5 Normative Views of Omnibus Legislation

Constitutions Cited

Ohio Const.

Statutes Cited

Cases Cited

Websites Cited

References

Part I: Perspectives on Omnibus Legislation

Omnibus Legislating in the U.S. Congress

1 Introduction: Why Study Omnibus Bills?

2 Theory: Explaining Omnibus Use

2.1 Leaders-Members

2.2 Congress-President

2.3 Governing Circumstances

3 Measures and Findings: How Many Omnibus Bills?

4 Conclusion and Discussion

Omnibus Legislation and Maxi-Amendments in Italy: How to Circumvent the Constitutional Provision Requiring Approval of Bills `...

2 The Features of the Party Systems and the Main Trends in Italian Legislation

3 The Omnibus Decree-Laws and Their Even More Heterogeneous Conversion Laws, in Light of the Constitutional Court´s Case Law

4 Omnibudget Legislation: From ``Financial Law´´ to a More Comprehensive Budget Law

5 Maxi-Amendments and the Question of Confidence: Powerful, Although Unconstitutional, Instruments for the Government to Accel...

6 In Search of a Judicial Review of the Legislative Process: The Innovative, But Contradictory, Order No. 17/2019 of the Const...

7 Conclusion

Centralization via Delegation: The Long-Term Implications of the Israeli Arrangements Laws

2 Background

3 Theoretical Framework

3.1 Delegation of Legislative Power

3.2 Veto Players

3.3 Centralization via Delegation

4 Methodology

5 Findings

5.1 Delegations by Minister.

5.2 Four Mechanisms of Centralization

5.2.1 Authority

5.2.2 Co-authority

5.2.3 Consent

5.2.4 Consultation

6 Conclusions

Appendix 1: Laws Included in the Dataset

Appendix 2: Number of Words in the Arrangements Laws, 1986-2019

When Rationalisation of Bureaucracy De-rationalizes Laws and Legislatures: `Monster Bills´ in France

2 Big Bills, Heterogeneous Bills and Monster Bills

3 A Twofold Rational

3.1 A Public Signal Through Law and Law-Making

3.2 A Procedural Opportunity

4 The Examples of the Grenelle 2 and Macron Laws

4.1 The Signalling Strategy in Both Laws

4.2 The Procedural Strategy in Both Laws

5 A Mixed Democratic Assessment

5.1 A Chaotic Parliamentary Procedure

5.2 MPs Influence Between Opportunities and Constraints

5.3 A Perfectible Legislative Quality

6 Conclusion

Reports

Omnibus Legislation in Germany: A Widespread Yet Understudied Lawmaking Practice

1 Terms and Concepts

2 Examples

3 Motives and Reasons

3.1 General Considerations

3.2 Cases of Abuse

3.3 Preliminary Conclusion

4 Evaluation of the German Approach

5 Constraints

5.1 The Exception of the Budget Law

5.2 Implementation of International Law

5.3 Other Considerations

Israel´s Economic Arrangements Law and Similar Omnibudget Laws in Other Countries

1 The Israeli Economic Arrangements Law

1.1 Background

1.2 Distribution of the Various Chapters in the Arrangements Bill for Deliberation in the Relevant Subject Committees

1.3 Attempts to Reduce the Dimensions of the Arrangements Laws

1.4 Rulings of the High Court of Justice

1.5 Intervention by Attorney Generals

1.6 Legislative Initiatives to Deal with the Problems of EALs

2 Omnibus and Omnibudget Laws in Other Countries.

2.1 ``Such Things Don´t Exist Anywhere in the World´´

2.2 Canada

2.3 The United States

2.3.1 Omnibus legislation has featured in the United States on the federal level, since the middle of the 19th century, but si...

2.3.2 The Single Subject Rule in the U.S.

2.4 The United Kingdom

2.5 New Zealand

2.6 Australia

2.7 Belgium

2.8 Italy

2.9 Spain

2.10 Austria

2.11 Malta

3 Some Conclusions Regarding Means of Contending with Omnibus Legislation

3.1 The Single Subject Rule

3.2 Changes in Rules of Procedure, and Other Sources of Procedure

3.3 Dealing with Omnibus Laws by Means of Legislation

3.4 Political Decisions to Deal with Omnibus Legislation

3.5 The Role of the Courts

Part II: Regulating the Use of Omnibus Legislation

The Single-Subject Rule: Uncertain Solution for Omnibus Legislation

2 The History and Purposes of the Single-Subject Rule

2.1 History

2.2 Purposes

3 The Single-Subject Rule in the Courts

3.1 Defining ``Subject´´

3.2 Applying a Germaneness Test

3.3 Judicial Deference

3.4 Some Recent Cases

4 From Text to Purpose: Anti-Logrolling and Anti-Riders as Standards for Enforcement

5 Conclusion

State Constitutional Provisions and State Statutes

Alaska

Colorado

Illinois

Kansas

Maryland

Michigan

Minnesota

Missouri

Ohio

Oklahoma

Pennsylvania

Texas

Utah

Washington

Unorthodox Lawmaking and Legislative Complexity in American Statutory Interpretation

1 Brief Jurisprudential Background

2 Unorthodox Lawmaking in the United States

2.1 Omnibus Legislation

2.2 Other Kinds of Unorthodox Lawmaking

2.3 Drivers and Tradeoffs

3 The Increasing Complexity of the U.S. Code

3.1 Drivers

4 The Advent of Professional Drafters

4.1 Implications for Judicial Review.

4.1.1 New Empirical Work on the Relationship Between the Courts and Congress

4.1.2 Utilizing Knowledge of Congress´s Process in Doctrine and Theory

4.2 Legislative History

4.3 Legislative Mistakes

4.4 Severability

4.5 Broader Implications

Omnibus Legislation in Spain: Between Political Expediency, Doctrinal Condemnation, and Judicial Indulgence

2 One (Puzzling) Subject

3 Playing Cat and Mouse

4 Omnibus Parliamentary Laws

5 Omnibus Urgency Legislation (Decree-Laws)

6 Unconnected Amendments (Riders)

7 A Matter of Argumentation

8 An Alternative Path

9 Conclusion

Canada: If Controversial, Omnibus Legislation Is Here to Stay

1 Background

2 Concerns of Opposition MPs Formally Expressed in Motions and Bills

3 Omnibus Bills During the 2015 Campaign

4 Omnibus Bills Under Justin Trudeau

4.1 The First Budget Implementation Bills 2016-2017

4.2 A New Standing Order on Omnibus Bills, June 2017

4.3 Speaker´s Rulings Based on Standing Order (SO) 61.1.

4.3.1 Omnibus Bills Unrelated to the Budget

4.3.2 Budget Implementation Bills

5 Omnibus Bills in the Senate

6 How the Liberals´ Thinking on Omnibus Bills Evolved

7 The Pitfalls of Omnibus Legislation: The SNC-LAVALIN Affair

8 Conclusion

Appendix

The Practice of Omnibus Laws in Belgium: An Empirical Test

2 The Theoretical Framework

2.1 Why Omnibus Laws Are Put to Practice

2.2 Why Omnibus Laws Are Under Attack

2.3 How to Arm Omnibus Laws Against Its Weaknesses

2.3.1 Check on the Content of Omnibus Laws

2.3.2 Improving the Accessibility of the Law

2.3.3 Reducing the Risk of Hidden Controversies

2.3.4 Avoiding Hasty Work

2.3.5 Securing the Parliamentary Debate

3 Research Design.

3.1 Research Questions and Indicators

3.1.1 Coherency Within Types of Omnibus Laws

3.1.2 Complexity

3.1.3 Stability

3.1.4 Parliamentary Debate

3.1.5 Legal Quality

3.2 Population and Coding

4 Results: The Practice of Omnibus Law by the Belgian Federal Government

4.1 A Problematic Use of Omnibus Laws?

4.1.1 Coherency Within Types of Omnibus Laws

4.1.2 Complexity

4.1.3 Stability

4.1.4 Parliamentary Debates

4.1.5 Legal Quality

4.1.6 Interim Conclusion

4.2 The Perspective of the Actors in the Parliamentary Procedure

4.2.1 Democratic Quality

4.2.2 Legal Quality

4.2.3 Legal Certainty

4.3 Interim Conclusion

5 Conclusions and Recommendations

5.1 Conclusions

5.2 Recommendations

(Absence of) Omnibus Legislation in Sweden: When Legislative Drafting Affects the Political Discourse

2 The Reality

3 The Reasons

4 The Significance

5 Conclusions

References.

Notes:

Description based on print version record.

ISBN:

3-030-72748-3

OCLC:

1253353455