The Past, Present, and Future of Legislation with Supermajority / by Boldizsár Artúr Szentgáli-Tóth.

Format:

Book

Author/Creator:

Szentgáli-Tóth, Boldizsár Artúr.

Series:

Ius Gentium: Comparative Perspectives on Law and Justice, 2214-9902 ; 126

Language:

English

Subjects (All):

Constitutional law.

Conflict of laws.

International law.

Comparative law.

Human rights.

Law--Philosophy.

Law.

Law--History.

Constitutional Law.

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

Human Rights.

Theories of Law, Philosophy of Law, Legal History.

Fundamentals of Law.

Local Subjects:

Constitutional Law.

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

Human Rights.

Theories of Law, Philosophy of Law, Legal History.

Fundamentals of Law.

Physical Description:

1 online resource (232 pages)

Edition:

1st ed. 2025.

Place of Publication:

Cham : Springer Nature Switzerland : Imprint: Springer, 2025.

Summary:

This book revisits the main challenges raised by the implementation of supermajority legislation – a constitutionally prescribed subcategory of statutory norms that covers, at least in principle, the most important fields of legislation, and which is subject to stricter procedural requirements than the ordinary legislative process. The book puts the issue in a broader context, yielding valuable comparative insights. It lays the theoretical groundwork for the interdisciplinary assessment of supermajority law concepts, which are ranked somewhere between the constitutional and statutory level in the legal pyramid. To cite the most important example, there is still no coherent standard to help constitutional courts decide whether individual statutory provisions should be covered by supermajority legislation or ordinary legislation. The three main points of departure are the following: Firstly, the book posits that supermajority shall be distinguished from ordinary laws as a separate constitutional concept and a category of legal sources with a legal rank falling clearly under the constitution, but over ordinary laws. The second assumption states that due to several short-comings, the current procedural frameworks of supermajority law could not maximize its efficiency as a constitutional instrument. Other tools might better highlight the role of supermajority laws as safeguards vis-á-vis their currently mostly restrictive character. Thirdly, the book relies on the assumption that the current concept of supermajority law covers an overbroad range of statutes. Therefore, the volume argues for the necessity of narrowing the supermajority legislation to counterbalance the distortive effects of this framework. In light of these three considerations, more legitimate alternative directions can be identified to further develop the existing main models: the scope of this legal instrument might be diminished; mandatory a priori review might be established; while the reconsideration of the legislative process; or the elaboration of precise contours for the hierarchy of norms might also be necessary. This book is intended for policymakers, scholars and university students interested in understanding the mechanisms of parliamentary legislation in more depth.

Contents:

Aims and methods

Part I - I. The role of legislative supermajority: a comparative international overview

International Comparison

Part II - The potential justifications of supermajority law

Supermajority law as the extension of the Constitution

Supermajority law as an instrument for promoting the stability of the constitution

Supermajority laws as instruments to construct political compromise

Supermajority laws as a means of protecting fundamental rights

Supermajority laws as factors of separation of powers

Part III - The perspectives of supermajority law

Proposals for future constitution-making processes

The proposed new model of supermajority law

Closing remarks.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

3-031-99324-1

OCLC:

1530461351