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Legislative Policy and Effectiveness: A (Small) Contribution from Legal Theory
Stockholm University, Faculty of Law, Department of Law, Stockholm Centre for Commercial Law.
Number of Authors: 12018 (English)In: European Journal of Risk Regulation, ISSN 1867-299X, E-ISSN 2190-8249, Vol. 9, no 3, p. 416-430Article in journal (Refereed) Published
Abstract [en]

The purpose of this paper is to use legal theory to clarify the nature and the components of effectiveness in legislation, in particular when it comes to choosing legislative policy, ie the legislative model used to tackle a certain issue via legislation. Part II is devoted to revealing the true meaning of the idea of effectiveness, ie as a functional link helping legislative drafters to move among three elements (ideals, situation, results) rather than as an absolute value that drafters should pursue in their work. Part III continues by investigating the problems that such confusion has produced within legislative discourse and practice, in particular by focusing upon two types of effectiveness as external and internal to the legislative process. Finally, Part IV proposes how this idea of effectiveness as a functional element of legislative work (and the consequent distinction between an external and an internal version) can (and should) affect the work of legislative drafters. This idea becomes particularly relevant in relation to the optimal location of the non-legal experts in the legislative process as a means of increasing the effectiveness of legislative policy.

Place, publisher, year, edition, pages
2018. Vol. 9, no 3, p. 416-430
National Category
Law
Identifiers
URN: urn:nbn:se:su:diva-162939DOI: 10.1017/err.2018.32ISI: 000450626300003OAI: oai:DiVA.org:su-162939DiVA, id: diva2:1271563
Available from: 2018-12-17 Created: 2018-12-17 Last updated: 2018-12-17Bibliographically approved

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