Suchergebnisse

Introduction: 'Not Law but Politics-Smuggled-into-Law' -- 1 Law and Politics in Contemporary Legal Theory -- 2 Law, Politics and the Grey Box -- 3 Law and Policy -- 4 The Policy of Law: Opening and Framing the Field -- 5 The Policy of Law Analysis -- 6 The Policy of Law Analysis: What is the Point?.

When it comes to welfare in general, Sweden's legislation is certainly one of the most comprehensive in the world. Living up to the ideal of supporting its citizens and residents from the cradle to the grave, this Scandinavian country has expanded its laws exponentially in the last century to cover all aspects of individuals' and families' lives. Thus, it comes, then, as a particular surprise to discover that the notion of basic income has been - and still is - almost completely absent from the Swedish political debate (and has consequently remained off the agenda of the Swedish legislative bodies), while being one of the hottest topics around the European continent. The purpose of this article is to investigate the possible reasons why the idea of basic income is missing from Swedish legislative agenda and to draw some brief general conclusions that may be valid for all legislative actors operating in advanced capitalistic societies.

AbstractThe 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.

"Looking at two of the key paradigms of the post-Cold War era - national sovereignty, and human rights - this book examines the possibilities for their reconciliation from a global perspective. The real or imagined fear of a flood of immigrants has caused and fuelled the surge of an amalgam of populist political forces, anti-immigrant movements and exclusionist nationalism in many developed countries. In the last decade, we have witnessed the emergence of two phenomena in the political and legal spheres. On the one hand, there are liberal globalists asking for respect and the protection of the basic human rights of migrants and asylum seekers and arguing for their civic and social integration into host societies. On the other hand, there are growing calls for a tougher stance on immigration, and powerful populist politicians and governments have emerged in many developed countries. How can the idea of universal human rights survive exclusionist nationalism that uses a populist, unscrupulous approach to its advantage? The contributors to this book explore the meaning of, and possible solutions to, this dilemma using a wide range of approaches and seek appropriate ways of dealing with these normative predicaments shared by many developed societies. Scholars and students of human rights, migration, nationalism and multiculturalism will find this a very valuable resource"--

"Looking at two of the key paradigms of the post-Cold War era - national sovereignty, and human rights - this book examines the possibilities for their reconciliation from a global perspective. The real or imagined fear of a flood of immigrants has caused and fuelled the surge of an amalgam of populist political forces, anti-immigrant movements and exclusionist nationalism in many developed countries. In the last decade, we have witnessed the emergence of two phenomena in the political and legal spheres. On the one hand, there are liberal globalists asking for respect and the protection of the basic human rights of migrants and asylum seekers and arguing for their civic and social integration into host societies. On the other hand, there are growing calls for a tougher stance on immigration, and powerful populist politicians and governments have emerged in many developed countries. How can the idea of universal human rights survive exclusionist nationalism that uses a populist, unscrupulous approach to its advantage? The contributors to this book explore the meaning of, and possible solutions to, this dilemma using a wide range of approaches and seek appropriate ways of dealing with these normative predicaments shared by many developed societies. Scholars and students of human rights, migration, nationalism and multiculturalism will find this a very valuable resource"--