Suchergebnisse

Franz, Walter; Müller, Kay: Die Chefs des Kanzleramts. Stille Elite in der Schaltzentrale des parlamentarischen Systems, in: (Zeitschrift für Parlamentsfragen (Wiesbaden), 33 (September 2002) 3, S. 474-501

A strange assortment of lobbyists is converging on the British Parliament at Westminster. They include partisans of French language and culture in Quebec, support ers of local control over oil and gas resources in Alberta, and advocates of native rights in the Yukon. Since it has been assumed for many years that Canada is an independent country, one is justified in asking why any of this is the business of M.P.s from Birmingham, Glasgow, and Londonderry.The business is the Canadian constitution, and, legally speaking, there is no more appropriate forum for it. The Canadian constitution–more precisely the British North America Act of 1867 as amended–is a statute of the United Kingdom, and its amendment is within the authority of the body that enacted it.

Florida's Fair Foreclosure Act, House Bill 87 ("HB 87"), is a legislative enactment that expedites the foreclosure process in Florida. The rationale is simple: the sooner the foreclosure mess is cleaned up, the sooner the housing market and economy can recover. Despite the idea's inherent soundness, HB 87 makes assumptions that will lead to unintended consequences. This Article analyzes HB 87 in terms of its constituent elements and, through legal reasoning, deduces the legal rights and duties created thereby. We then use the rights and duties created by HB 87 as a premise to infer the competing policies behind HB 87's rationale. Lastly, this Article attempts an economic analysis of HB 87's rationale to determine if its pragmatic effects are consistent therewith. This Article concludes that the uncertain consequences of the mortgage foreclosure crisis are best mitigated by affording the time inherent in the legal process and maintaining the elasticity of courts to make judgments based on interpretative case law and equity.