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• Susanna Marinelli 1, Francesca Negro 2, Maria Cristina Varone 2, Lina De Paola 2, Gabriele Napoletano 2, Alessandra Lopez 3, Simona Zaami 2*, Giuseppe Basile 4. • The article aims to shed a light on the unique complexities inherent in surrogacy and the legal-ethical challenges that currently exists even in many advanced democracies, which frequently result in uneven and ill-defined standards and processes. • The recent proposal of making surrogacy a "universal crime" has prompted us to better analyze the topic and its ethical and legal implications. • Legislative harmonization at the international level is essential to prevent the cross-border surrogacy trend. The "universal crime" draft bills appear to be difficult to enforce and too vague to be credible at the moment. The article aims to shed a light on the unique complexities inherent in surrogacy and the legal-ethical challenges that currently exists even in many advanced democracies, which frequently result in uneven and ill-defined standards and processes. The recent proposal of making surrogacy a "universal crime", meant to prevent cross-border surrogacy, i.e. travels by citizens from countries where it is illegal to countries where it is legal, has also been weighed, by exploring the current legislative state of affairs, trends and future horizons. Recent case-law has been analyzed and interpreted, with a close focus on Italian Supreme Court ruling n. 38162, issued on 30th December 2022 and European Court of Human Rights (ECtHR) rulings issued over the past decade. Uncertainty and ill-defined norms and court rulings risk harming the rights of children, surrogate mothers and intended parents. So far, court decisions have somehow filled the legal vacuum, considering that cross-border surrogacy is not specifically regulated in many countries and the status of children born abroad is still controversial. The views and judgments of supranational courts on the issue need to be accounted for when drafting new specific legislation. It is of utmost importance to uphold the rights of children born through surrogacy abroad, whose best interests risk being damaged. Legislative harmonization at the international level is essential to prevent the cross-border surrogacy trend. The "universal crime" draft bills appear to be difficult to enforce and too vague to be credible at the moment. [ABSTRACT FROM AUTHOR]

Any society is governed by a set of laws. In modern democratic nations, especially nations governed by post-war constitutions, such laws are enacted by an elected legislature. The legislature is bound by the constitution itself, both in procedure and in substance. In India, such protection exists in the forms of legislative competence, fundamental rights, and other provisions of the constitution. However, India lacks a direct say of the people in the law-making process which governs the citizenry. The recent controversy in India, including the farm laws reform undertaken in 2020, highlights the need for the participation of stakeholders, experts, and the public in general in the law-making process. The Supreme Court of India has interpreted the right to participation in a limited sense and majorly in cases relating to environmental pollution. There exists a lacuna in the rights-based framework with respect to the right to participate in law-making. India has had a Pre-Legislative Consultation Policy in place since 2014 that mandates publishing the bill thirty days prior to introduction in the parliament for public comments. However, data reflects disregard of the policy by the Government. Furthermore, there is a downward trend in the number of bills being referred to parliamentary committees for scrutiny. This impacts negatively in two ways—first, leading to a lacuna in legislative drafting, and second, depriving the stakeholder and public of the opportunity to submit their comments on a bill under consideration. The extra-parliamentary avenues like the Law Commission of India, which have a significant impact on the legal framework in the country, are under a shadow. The authors argue that there is a need to incorporate a binding consultation policy ensuring public consultation in the process of law-making. This will have both an intrinsic as well as instrumental value. [ABSTRACT FROM AUTHOR]

AbstractCongressional staff serve as the “invisible force” in Congress by helping draft legislation and conduct oversight. Given this, excessive turnover among staff is a loss of institutional memory and inhibits legislators’ ability to effectively conduct their constitutional duties. Using a mixed methods research design of interviews and a new survey of staff in the 115th session of Congress, I capture staffer intent to leave their current position and track whether they actually left their position 12 months later. Similar to civil servants, staff who report dissatisfaction with coworkers report higher levels of turnover intention, while the type of office, age, and level of education impact actual turnover. However, the extent to which polarization impacts staffers’ job satisfaction impacts both intention and actual exit. My study makes a unique contributions to the growing body of literature devoted to understanding congressional staff by providing important insights into how to recruit and retain staff. [ABSTRACT FROM AUTHOR]

A key concept in American legislative politics is the extent to which members are effective, that is, have the ability to propose and advance bills on important topics in Congress. We propose a new measure of a member's legislative effectiveness that covers both chambers from 1873 to 2010 and incorporates all 1.1 million introduced bills, opening up a wide range of new opportunities for examining legislative institutions and behavior across this long historical period. To pursue this, we theorize and empirically examine how the determinants of a member's legislative effectiveness hinge on legislative institutions. While uncovering consistent results with the existing literature that has focused on the period starting in the early 1970s, we find striking differences when examining earlier periods. For instance, we find that ideological moderates have higher effectiveness relative to extremists before 1975, whereas the importance of majority party membership increases dramatically from 1947. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Legislation criminalising coercive control in intimate relationships is being considered in Australia. Currently, there is no consensus on the contents of such legislation, let alone an understanding of how coercive control manifests in LGBTQ+ relationships, and even less data specifically concerning transgender relationships to inform this legislation. This article aims to review what is known so that before legislation is drafted, its effects on transgender people can be considered to make sure that their unique requirements are addressed. Targeted research on the experiences of coercive control in transgender people's relationships is necessary to ensure their perspectives are considered in national legal responses. In addition, recommendations will be made for how to avoid further disadvantages for transgender people. [ABSTRACT FROM AUTHOR]

The study will present the legal basis of the institution of branch inheritance and its primary problems in the application (judicial) practice of Hungarian dualism and I. Czechoslovak Republic. It will also look at the de lege ferenda proposals - Teleszky's 1882 draft law of inheritance, reworked into the government's 1887 draft law of inheritance, the 1900 draft of the 1st Hungarian General Civil Code, and the government's 1933 to 1937 draft laws on branch succession. The draft Czechoslovak legislation was intended only as a temporary solution to the special (sui generis) legal inheritance of inherited property for the inheritance law in force in Slovakia and Subcarpathian Rus. The then Hungarian and Czechoslovak legal scholarship and practice, when repeatedly considering branch inheritance, was based on its acceptable preservation and therefore until the adoption of the first socialist Civil Code (1950) branch inheritance remained a part of the bourgeois inheritance law in Slovakia. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper considers the possible benefits and substantial risks of 'Rules as Code', the parallel drafting of legislation and codification in software, which has been the subject of attention from policy-makers and pilot studies in some jurisdictions. It highlights the long history of these approaches, and the challenges of ossification, mis-translation of rules, and separation of powers problems. It also examines in the detail the Australian Pintarich case, which demonstrates the inadequacy of conventional judicial review of automated decision-making. It outlines some possible solutions to these issues — two 'internal' to development processes (greater transparency, and literate pair programming) and two 'external' (expanding the capacity of judicial review to look beyond a specific citizen/state interaction and consider the design and development of the controlling software system, and greater cross-disciplinary awareness by lawyers). [ABSTRACT FROM AUTHOR]

One of the most utilized methodologies in achieving goals out of projects is through project management methodology offered by Project Management Institute. It has shown tremendous positive outcomes and high control in planning, executing, and closing of projects, which made it a mandatory in operating many projects and monitoring large teams within a specific period. In the legal sphere, project management has been introduced to support law firms and in-house legal department in organizations, however, the legislative field in legislative bodies of many states in the world has not yet introduced this mean of management in their projects. The legislative drafting project goes through many stages and interacts with several stakeholders, which requires a high sophisticated management and control of deliverables on a timely manner within allocated budget. This paper will explore how project management could apply to the process of managing the legislative drafting work, starting from the planning stage until the appraisal of the legislative draft for Royal approval. It has been applied as per the Saudi government procedure for drafting legislative proposals in a way that introduces this technique of management in detailed stages to enhance the efficiency of such intellectual projects. Although it has been applied to the Saudi governmental structure, it could be utilized to fit different states that want to better manage legislative drafting projects. Aiming to show the usefulness of project management methodologies in legislative drafting projects by introducing project management (PM) way of administration to the field of legislative drafting. [ABSTRACT FROM AUTHOR]

This study examined evidence-based law drafting during the coronavirus disease 2019 (COVID-19) pandemic. A total of 311 Finnish government bills from 2020 and 2021 were analysed to detect how urgency and uncertainty caused by the pandemic have been reflected in evidence base utilization in law drafting. The government bills were divided into two groups, COVID-related and non-COVID bills. The difference between the groups was analysed by regression analysis, in which non-COVID bills served as the baseline indicating the level of 'normal law drafting'. According to the results, there was a statistically significant difference between the groups, which indicates that urgency and uncertainty were associated with less evidence utilization. However, the evidence base utilization was also at an insufficient level in 'normal law drafting'. Hence, the first step to improve the quality of law drafting in crises situations is to ensure that the main principles of evidence-based decision making are observed in every-day law drafting processes. [ABSTRACT FROM AUTHOR]

This article highlights the state-of-play in law-making in Greece especially following the adoption of law 4622/2019 aiming at establishing a culture of principles and means for enhancing the quality of laws. The revised model for new legislation, as well as the approach taken for the transformation of existing laws into the new model, the so-called codification process, are presented. In this framework, the role of the Hellenic Parliament is discussed and its position vis-à-vis other regulatory authorities is highlighted. The ongoing legislative modernization activities are approached under the light of digital tools and services that are being developed to further advance law-making processes in Greece. [ABSTRACT FROM AUTHOR]

The economy's legislative, regulatory, and institutional framework profoundly influences growth. It sets societal norms and motivates economic players towards desired outcomes. Greece faces a complex challenge in enhancing its institutional structure, with interconnected issues demanding comprehensive and persistent intervention. Political stability positively impacts regulatory quality, while instability prompts resistance to government changes, affecting legislation efficacy and governmental honesty. The study identifies two counterproductive forces hindering law improvement. First, the executive power's reluctance to measure legislative effectiveness Second, there is a pervasive distrust in law enforcers, resulting in convoluted legal frameworks. This setup aligns with statism and a flawed concept of legal certainty. Improving the legal framework requires the executive to prioritize self-assessment of efficacy and trust in law enforcement—a cornerstone of effective liberal democracy. The study advocates specific policy guidelines tailored for the Greek state. Addressing these concerns mandates an all-encompassing, persistent, and introspective approach by those in power. Ultimately, fostering trust, measuring effectiveness, and simplifying legal constructs are vital for Greece to enhance its institutional framework and foster a more effective liberal democracy. Lastly, the provision of training to those who shape and evaluate the laws is crucial to ensure high-quality regulations and interventions. [ABSTRACT FROM AUTHOR]

Implementation of EU regulations requires many changes in the Czech legal order. It is often necessary to repeal incompatible national provisions, provide for new penalties and provisions on competence of national institutions, or set up a new system only sketched by the EU regulations. Further, the implementation in Czechia has to match with the other parts of the Czech legal order to be effective. And it must comply with the Czech constitutional imperatives and legal drafting rules which follow from the principle of legal certainty and a rule of law. The main problem appears with European Parliament and Council regulations which establish only very general rules. Also, too many delegated and implementing regulations of the Commission are causing problems, specially when they have short implementation deadlines and change quickly. The article therefore contains examples of loopholes, presents methods to deal with them and sketches paths to be taken in the future. [ABSTRACT FROM AUTHOR]

This article provides information regarding the assessment of bills, before the parliamentary procedure, in Greece, throughout the years. It focuses on the differences between the former 'Central Legislative Committee' and the current 'Committee for Quality Evaluation of the Law Making Process' and presents the responsibilities of the latter, as well as the improvements that have been achieved since its operation. Then an analysis of the quality of the legislation, in general, takes place and the relevant problems are highlighted. [ABSTRACT FROM AUTHOR]

Territorial classifications are routinely used in public policy. In Scotland, the primary classification used to delimit what, where and who is 'rural' is the Scottish Government's Urban Rural Classification, introduced in 2003. However, in the recent past, there appears to have been a reframing of 'rural definitions' in the Scottish policy context. We highlight some of the challenges associated with developing a more nuanced framing of 'rural', drawing upon an analysis of responses to the statutory consultations associated with three recent items of draft legislation: namely, the 2015 consultation on provisions for a future Islands Bill, the 2019 consultation on a proposal for a Remote Rural Communities Bill, and the 2020–2021 consultation to support the preparation of the Fourth National Planning Framework. Implications of these new framings for rural policy, planning and development are discussed. Our conclusion is that, while no territorial classification system is perfect, extending the use of existing tools may offer both robust policy support as well as meaningful insights that differentiate types of 'rural' in a way that is a better fit for current purposes. [ABSTRACT FROM AUTHOR]

The growing use of automated decision-making (ADM) systems in the public sector and the need to control these has raised many legal questions in academic research and in policymaking. One of the timely means of legal control is accountability, which traditionally includes the ability to impose sanctions on the violator as one dimension. Even though many risks regarding the use of ADM have been noted and there is a common will to promote the safety of these systems, the relevance of the safety research has been discussed little in this context. In this article, I evaluate regulating accountability over the use of ADM in the public sector in relation to the findings of safety research. I conducted the study by focusing on ongoing regulatory projects regarding ADM, the Finnish ADM legislation draft and the EU proposal for the AI Act. The critical question raised in the article is what the role of sanctions is. I ask if official accountability could mean more of an opportunity to learn from mistakes, share knowledge and compensate for harm instead of control via sanctions. [ABSTRACT FROM AUTHOR]

This article covert from a biblical point of view a social problem of permanent interest: poverty, seen as a state of precariousness caused by the multiple causes, some involuntary (the state of people left without support – widows, orphans, those with disabilities –, victims of natural disasters, immigrants, etc.) or voluntary (greed of peers, indifference of institutions empowered to watch over the observance of citizens’ rights, etc.) that led to it. It is, however, a scandal in a society that holds a theological view that God is a Father to all members of the People, from which it implicitly follows that the latter are brothers. However, such a scandal generated positions of some of those responsible, most often under pressure from prophets. These positions gradually led to the drafting of legislative codes designed to regulate scandalous social situations. When even these regulations did not eradicate poverty, then the vision of a new, messianic project was born. This project, which has as protagonist a descendant of King David, proposes a new vision (which I will develop in a later article) foreshadowed in several prophetic texts with a messianic theme. [ABSTRACT FROM AUTHOR]

The use of words to portray gender and therefore apportion benefits or disadvantages is true in both verbal and written communication. This is even truer in legislative drafting, as the use of gendered language may depict a more serious problem of sexism, discrimination and paternalism in the society. Using the doctrinal approach, this paper examined gendered language in the Constitution of the Federal Republic of Nigeria 1999 relating to the qualification and appointment of judicial officers, to analyse the effect of such gendered language on the interpretation of the constitution and the likelihood of the female gender suffering disadvantage thereby. The paper found that the gendered language used in the 1999 constitution of Nigeria in the qualification and appointment of judicial officers, is gender insensitive, ambiguous and capable of excluding the female gender from consideration for appointment to such offices. It also found that the gendered language in the relevant constitutional provisions exhibit masculinity and does not promote the required gender equality in a legal draft. The paper recommended amendment to reconstruct the language of the constitution to achieve gender neutrality. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper provides an overview of the contributions of the special issue, using these to arrive at an inventory of five ways in which we can critically approach the role of legal language in the systems of asylum determination in rich countries. It also draws out a series of broader lessons from the special issue and concludes by reflecting on the influence of scholarly work amongst the judges, lawyers, interpreters, and others involved in administering asylum processes. [ABSTRACT FROM AUTHOR]

The relocation of Indonesia’s capital from Jakarta to Nusantara Capital City in East Kalimantan will have significant implications for democratic rights and governance. However, this issue has been overlooked in most studies. Using interviews with politicians, bureaucrats and analysts, as well as focus group discussions and field observations, this article highlights various concerns surrounding the legal and administrative process of creating a new capital, including the rapid drafting of the relocation legislation, public opposition to the Nusantara Capital City Authority, the absence of local representation and the centralization of decision-making. All of this, the article contends, poses a threat to democracy in Indonesia. [ABSTRACT FROM AUTHOR]

Copyright of European Review of Public Law is the property of European Public Law Organization and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Scholars of legal translation have shown particular interest in the methods of multilingual legislative drafting that are used in several national and international institutions. The origin of these methods is usually traced back to Canada in the late 1970s. However, a prefiguration of co-drafting practices can be found in Switzerland several decades earlier: by the First World War, this officially multilingual country had already experimented with sophisticated measures to improve the quality of legislative translation. As there is only fragmentary knowledge of this historical precedent, this article proposes to study it in greater depth, with a view to explaining its lack of visibility in Legal Translation Studies. The study covers the period from the mid-nineteenth to the mid-twentieth century and is based on digitized institutional archives. It shows that the Swiss legislative process routinely involved collective bilingual work in German and French, including forms of co-revision and co-editing. It also shows how political factors contributed to the integration of Italian, the third official language. By contrast, the article places the emergence of the contemporary concept of co-drafting in its historical Canadian context. The conclusion highlights the potential contribution of such historical research to critical approaches to legal translation. [ABSTRACT FROM AUTHOR]

The legislative drafting process has recently undergone dramatic changes in Saudi Arabia. This development was motivated by the country's desire to create a more transparent, efficient, and effective legal system. Despite the advancements achieved in legislative drafting, there remain significant challenges that impede the quality of proposed legislation in the country. This article aims to contribute to the evolution of the regulatory framework governing the legislative drafting and law-making process. It embarks on a comprehensive examination of the existing legislative drafting mechanisms, highlighting the need for further improvement in the regulatory framework of legislative drafting to improve the efficiency and clarity of legislation. Furthermore, the article elucidates the complexities and challenges associated with drafting effective laws within the legal system and clarifies the pivotal function of manual drafting and regulatory impact assessments in augmenting the effectiveness and quality of enacted laws. This article concludes with various recommendations such as the need to launch a drafting manual and systematic approach to regulatory impact assessment which can strengthen the evidence base for the development and review of proposed and existing legislation. This article is expected to serve as a cornerstone for similar studies in other jurisdictions within the Middle East. [ABSTRACT FROM AUTHOR]

Lay drafts as used in Nigeria are erroneously thought to speed up the drafting process but they are insufficient as drafting instruction and they reduce the quality and effectiveness of legislation. Good drafting instructions will lead to good legislation while bad drafting instructions will lead to the drafter's failure to grasp the fundamentals of the policy, and failure to get the draft right, and ultimately failure to achieve the purpose of the policy. This article is intended to analyse the drafting process in Nigeria to point out the causes of ineffectiveness in legislation and how that can be improved. [ABSTRACT FROM AUTHOR]

Articles 79(1) and (2) of the Constitution of Uganda provide that subject to the provisions of the Constitution, only Parliament or a person or body authorized by Parliament, has the power to make laws. Article 91 provides ways in which the President participates in the law-making process. I examine the Hansard of the 10th Parliament of Uganda (May 2016—May 2021) to demonstrate how the President invoked Article 91 to, inter alia, return Bills to Parliament or to decline to assent to Bills. The 10th Parliament passed 118 Bills, seven Bills were withdrawn and the President returned 11 Bills. The Hansard show that: (i) in most of the cases, Parliament amended the Bills to address the President's concerns; (ii) there are instances in which Parliament appears to disregard the Constitution especially in cases where the President has exceeded the constitutional time limit within which he must assent to Bills; (iii) Parliament applied different methodologies to gather the information it needed to revise the Bills and (iv) in a few cases, Parliament disagreed with the President and declined to change the returned clauses of the Bills. The article shows, inter alia, that the President wielded enormous powers in the law-making process contrary to what was envisaged by the drafters of the Constitution. It is argued, inter alia, that in reconsidering the Bills returned by the President, Parliament should not ignore the issue of public participation otherwise the Acts may be declared unconstitutional. It is also argued, basing on the drafting history of the Constitution, that the 30-day period within which the President is required to assent to a Bill excludes Sundays and public holidays. However, it includes Saturdays. [ABSTRACT FROM AUTHOR]

Our statute books use the word "any" ubiquitously in coverage and exclusion provisions. As any reader of the Supreme Court's statutory interpretation docket would know, a large number of cases turn on the contested application of this so-called universal quantifier. It is hard to make sense of the jurisprudence of "any." And any effort to offer a unified approach--knowing precisely when its scope is expansive (along the "literal-meaning" lines of "every" and "all") or confining (having a contained domain related to properties provided by contextual cues)--is likely to fail. This Article examines legislative drafting manuals, surveys centuries of Court decisions, and conducts in-depth pairwise comparisons of "any" cases to show the word's flexible set of uses in its multiple statutory guises. After evaluating evidence of the variability of "any," we recommend a new approach, a form of an "any" canon. We encourage adjudicators to appreciate the complexity of "any" more systematically and to consult a full range of sources--as even full-throated textualists have authorized from time to time--offering the relevant larger context judges will need to ascertain the scope of "any" in any given statutory scheme. [ABSTRACT FROM AUTHOR]

As one of the most powerful executive actions, rulemaking by U.S. federal agencies involves all three branches and governs many issue areas, but some rules are routine and others are highly consequential. We build a new rule universe composed of nearly forty-thousand considered rules listed in the Unified Agenda since Spring 1995 and employ an item response model with 15 raters to generate integrated estimates of rule significance for each of the rules. To showcase the usefulness of this new measure, we propose and test competing models on agency productivity, finding that the president and Congress influence rule promulgation in a nuanced way. The president is dominant when agencies consider moderately noteworthy rules, and Congress has more influence over the most significant regulations, suggesting that the branches' influences vary with the consequential nature of the issues considered. [ABSTRACT FROM AUTHOR]

Social scientists commonly seek to make statements about how word use varies over circumstances—including time, partisan identity, or some other document-level covariate. For example, researchers might wish to know how Republicans and Democrats diverge in their understanding of the term "immigration." Building on the success of pretrained language models, we introduce the à la carte on text (conText) embedding regression model for this purpose. This fast and simple method produces valid vector representations of how words are used—and thus what words "mean"—in different contexts. We show that it outperforms slower, more complicated alternatives and works well even with very few documents. The model also allows for hypothesis testing and statements about statistical significance. We demonstrate that it can be used for a broad range of important tasks, including understanding US polarization, historical legislative development, and sentiment detection. We provide open-source software for fitting the model. [ABSTRACT FROM AUTHOR]

The increasing use of measures of economic coercion by China has caused its trading partners to review their close trade ties with that country as well as their ability to resist such pressure. In December 2022, the European Union (EU) requested that the World Trade Organization (WTO) adjudicate its dispute with China regarding restrictive trade measures China had imposed on Lithuania in response to its foreign policy actions that were not to China’s liking. The EU also drafted new legislation – the Regulation of the European Parliament and of the Council on the Protection of the Union and its Member States from Economic Coercion by Third Countries – to deter third countries from applying coercive measures that target the EU and its Member States. This paper considers the new instrument in the context of the EU’s evolving ‘economic de-risking’ strategy on China and a wide range of measures aimed at protecting the common market from the unfair behaviour of China and other states and reducing the EU vulnerability vis-à-vis economic and security threats. The EU’s ability to deter states from applying coercive measures against it hinges upon its ability to strengthen its market power and to use the new instrument when necessary. [ABSTRACT FROM AUTHOR]

Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: Public health scholarship has uncovered a wide range of strategies used by industry actors to promote their products and influence government regulation. Less is known about the strategies used by non-government organisations to attempt to influence commercial practices. This narrative review applies a political science typology to identify a suite of 'inside' and 'outside' strategies used by NGOs to attempt to influence the commercial determinants of health. Methods: We conducted a systematic search in Web of Science, ProQuest and Scopus. Articles were eligible for inclusion if they comprised an empirical study, explicitly sought to examine 'NGOs', were in English, and identified at least one NGO strategy aimed at commercial and/or government policy and practice. Results: One hundred forty-four studies met the inclusion criteria. Eight industry sectors were identified: extractive, tobacco, food, alcohol, pharmaceuticals, weapons, textiles and asbestos, and a small number of general studies. We identified 18 types of NGO strategies, categorised according to the target (i.e. commercial actor or government actor) and type of interaction with the target (i.e. inside or outside). Of these, five NGO 'inside' strategies targeted commercial actors directly: 1) participation in partnerships and multistakeholder initiatives; 2) private meetings and roundtables; 3) engaging with company AGMs and shareholders; 4) collaborations other than partnerships; and 5) litigation. 'Outside' strategies targeting commercial actors through the mobilisation of public opinion included 1) monitoring and reporting; 2) protests at industry sites; 3) boycotts; 4) directly engaging the public; and 5) creative use of alternative spaces. Four NGO 'inside' strategies directly targeting government actors included: 1) lobbying; 2) drafting legislation, policies and standards; 3) providing technical support and training; and 4) litigation. NGO 'outside' strategies targeting government included 1) protests and public campaigns; 2) monitoring and reporting; 3) forum shifting; and 4) proposing and initiating alternative solutions. We identified three types of NGO impact: substantive, procedural, and normative. Conclusion: The analysis presents a matrix of NGO strategies used to target commercial and government actors across a range of industry sectors. This framework can be used to guide examination of which NGO strategies are effective and appropriate, and which conditions enable NGO influence. [ABSTRACT FROM AUTHOR]

In this article, we use the concept of epistemic othering to describe the subjectivation of people who experience debt problems in the legislative drafting process, and argue that the evidence‐based policy paradigm, together with its participatory dimension, produce a potentially harmful subject position for people who are considered vulnerable and irrational. By analysing the preparatory material of Finnish interest rate cap laws, we explore what is constructed as rational and possible in the legislative process, and how these modalities frame the use of expert knowledge. We argue that what is considered rational is constructed in terms of market logic, and what is construed as possible is heavily framed by law‐as‐knowledge. Together, market logic and law‐as‐knowledge form the preconditions for the use of expert knowledge. Ultimately, the way in which these three types of knowledge interact contributes to the epistemic othering of people who experience debt problems. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Now that human civilization has entered the era of artificial intelligence (AI), major countries or regions in the world have attached importance to the development of AI. Since 2018, Taiwan has also made "Smart Taiwan" as its policy objective, aiming to leverage its technological advantages in semiconductors and other areas to connect industries such as transportation, healthcare, and finance, aspiring to become a leading nation in the field of cutting-edge artificial intelligence. The development of AI can certainly bring benefits to society, but it may also have negative impacts and risks, such as privacy infringement, bias discrimination, job displacement, and unfair competition. Therefore, in the process of AI development, it is critical to establish value standards and national policies and other important matters to promote advantages and mitigate disadvantages, in order to improve the environment for AI development. In light of this, the research team suggests formulation of the “Artificial Intelligence Basic Act” to align Taiwan’s high-tech development with current international norms. This article provides a concise overview of the draft version proposed by the research team, with relevant information such as a general explanation of the legislative proposal and the draft’s provisions attached at the end, hoping to contribute to the formulation of the AI Basic Act. [ABSTRACT FROM AUTHOR]

The intense development process that swept through Italy in the post-World War II period dramatically worsened the level of water contamination. From the mid-1950s, in the most damaged contexts, the issue began to attract increasing attention from both the technical- scientific community and political institutions. The refinement of investigative methods and the experimentation of technical solutions were accompanied by the drafting of legislative proposals for the protection of water bodies. On this latter front, a political dialectic unfolded, reflecting the contemporary debate on the redefinition of the structure of the State triggered by the establishment of the ordinary statute Regions. [ABSTRACT FROM AUTHOR]

This paper outlines a range of factors associated with extradition and transnational online intellectual property offending by examining the Australian case of Hew Griffiths. In documenting key legal issues from available domestic and international verdicts examining this case, we show how broad legislative drafting in Australia works alongside the decision to initiate conspiracy charges to favour extradition. We also examine how Australian legal requirements that remove the presumption of bail for transnational fugitives limit the prospect of mounting a fair defence against extradition and during a foreign trial, and the limited direct impact of determinations by the United Nations Human Rights Committee on these national processes. We critically discuss the implications of these rulings in the Griffiths case in light of the evolving role of extradition law in a digital age and their implications on theories of criminal jurisdiction founded on the principle of extraterritoriality. [ABSTRACT FROM AUTHOR]

Since 2009, draft bills and regulations must be accompanied by the memorandum on the regulatory impact analysis. In addition, Act No. 26/2015 introduced the enforceability of regulatory impact analysis on families. However, it is not being properly performed. The main reason for this is the absence of a methodology guide with clear guidelines on sources, techniques and procedures to be used. Assessment tools and procedures are needed in order to guarantee valid and reliable analysis, as well as to tone down the burdens of the public administration professionals dealing with this task. This paper examines the introduction and development of regulatory impact analysis on families in Spain, which is considered an ex ante assessment tool for better regulation. It gives an overview of the current situation concerning the implementation of regulatory impact analysis at Central Administration and Autonomous Communities level. Reflecting the confusion and disparity of criteria when it comes to perform this type of assessment. And finally suggests guidelines to properly carry out regulatory impact analysis on families. [ABSTRACT FROM AUTHOR]

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The codification attempts of Criminal Law in the time of the Enlightenment of the 1790 s and the liberalism of the 1830 s and 1840 s are the focal points of the study. In order to draft bills to reform the feudal state based on customary law and privileges without changing the basic public law framework, nine so-called national regular committees were set up by Article 67 of Act 1791. The committees completed their work and sent their drafts, known as operatives, to the king between 1792 and 1795. After all, the completed operatives were not put on the agenda of the Parliament due to changes in the domestic and foreign policy status quo. They could find a way out from the archives of the Chancellery only thanks to the committees set up by Article 8 of Act 1827. These committees were responsible for reviewing the „forgotten" operatives, which were finally printed and sent to the counties for comments. The Hungarian liberal noble opposition was organised first as a movement and then as a party during these county debates (1831-1832) in order to replace the feudal system by manifesting the basic principles of the civil transition in the so-called laws of April. [ABSTRACT FROM AUTHOR]

Motivation: Introducing changes in the formal part of the institutional system is a process subject to certain regulations in Poland. These rules are present at the ex-ante stage of the preparation of a draft normative act, and they consist of, inter alia, the procedure for Regulatory Impact Assessment (RIA) or the so-called legislative drafting principles; furthermore, they are present at the ex-post stage of the introduction of a normative act, which can also be noticed as part of certain RIA elements and of the activities of the Constitutional Tribunal (CT). The objectives of these procedures are indirectly related to the attempt to streamline the functioning of the institutional system, which affects many entities and elements, including, for example, economic development. In addition, the quality of the regulatory environment is one of the fundamental dimensions of the functioning of the state, and the identified elements are intended to result in the creation of necessary and beneficial regulations. With a total of 5,531 acts passed in Poland from 1991 to 28 June 2022, studies of institutional system protection mechanisms indicate their low effectiveness. Aim: This article attempts to defend the thesis that ex-ante and ex-post types of institutional system protection mechanisms in Poland are only partially effective. Results: The article identifies measures to protect against ex-ante and ex-post distortions in the functioning of the institutional system in Poland. The article attempts to defend the thesis that these mechanisms are not fully effective. [ABSTRACT FROM AUTHOR]

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The Office of the Slovak Plenipotentiary for National Minorities is currently preparing a law on the status of national minorities. The working group is drafting the bill on a section-by-section basis. So far, two parts of the draft law--the preamble and general provisions--have been discussed. The working group has also begun to consider the background material for the other parts of the draft, which are intended to define the institutional arrangements for the exercise of the rights of national minorities, the monitoring of compliance with them and the participation of national minorities. This article will focus on the analysis of the participation of MPs belonging to national minorities in the Slovak Parliament, which is envisaged in the Legislative Intent of the National Minorities Act and proposed in the working group's background material on this topic. First, however, I will look at what is meant by political participation in social sciences and in the practice of international institutions dealing with the rights of national minorities. [ABSTRACT FROM AUTHOR]

Research in legislative drafting in Indonesia is compulsory. Output of the research is academic paper (Naskah Akademik) which supports rationale needed for legislative drafting. This academic paper also provides logical and objective argumentation on significance of legislation. Even though research in legislative drafting has become a compulsory since 2011, academics and practitioners found several weaknesses in research methodology. This article discusses two major issues related to research methodology in legislative drafting (developing the academic analysis). The first is dynamics of legislative policy developments related to research methodology for developing academic paper for legislative drafting in Indonesia. The second is weaknesses of legislative policy developments related to research methodology for legislative drafting in Indonesia. This article shows that the national policy on legislation did not provide comprehensive guidance on research methods for developing academic paper for legislative drafting. The existing guideline discussed general issues, which affect quality of academic paper for legislative drafting. As an addition, academic paper for legislative drafting is treated as not more than complementary document for the drafting because it provided neither scientific justification nor arguments. [ABSTRACT FROM AUTHOR]

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How does ministries' capacity to draft legislation affect the political output of modern governments? This article combines a novel dataset describing the capacity of ministerial bureaucracies to attend to about 250 distinct policy issues with content-coded data on government legislation. The sample consists of Danish, Dutch and German governments, jointly spanning the time from 1995 to 2013. The analysis reveals three main findings: firstly, issue-specific bureaucratic capacity unconditionally increases governments' legislative activity; secondly, legislative activity is stifled if bureaucratic capacity is spread across different ministries; thirdly, against theoretical expectations the productive effect of bureaucratic capacity is not positively related to governments' issue salience. The results indicate that the design and resources of ministerial portfolios affect policy making in western governments. [ABSTRACT FROM AUTHOR]

This essay challenges the conventional wisdom on drafting evidence legislation and rules. Topics discussed are catalog approach for privileges and code approach for other areas of evidence doctrine, doctrinal area of privileges, doctrinal areas in evidence law including Model Code of Evidence, Uniform Rules of Evidence, California Evidence Code and the Federal Rules of Evidence, and convergence of both norms by broadening the wording of provisions governing privileges and evidence law.