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The past, present, and future of leg...

Szentgáli-Tóth, Boldizsár Artúr.

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The past, present, and future of legislation with supermajority

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	The past, present, and future of legislation with supermajority/ by Boldizsár Artúr Szentgáli-Tóth.
作者:	Szentgáli-Tóth, Boldizsár Artúr.
出版者:	Cham :Springer Nature Switzerland : : 2025.,
面頁冊數:	x, 193 p. :ill. (some col.), digital ;24 cm.
內容註:	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.
Contained By:	Springer Nature eBook
標題:	Legislation. -
電子資源:	https://doi.org/10.1007/978-3-031-99324-4
ISBN:	9783031993244

The past, present, and future of legislation with supermajority
Szentgáli-Tóth, Boldizsár Artúr.

The past, present, and future of legislation with supermajority[electronic resource] /by Boldizsár Artúr Szentgáli-Tóth. - Cham :Springer Nature Switzerland :2025. - x, 193 p. :ill. (some col.), digital ;24 cm. - Ius gentium: comparative perspectives on law and justice,v. 1262214-9902 ;. - Ius gentium: comparative perspectives on law and justice ;volume 126..

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.

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.

ISBN: 9783031993244

Standard No.: 10.1007/978-3-031-99324-4doiSubjects--Topical Terms:

766385
Legislation.

LC Class. No.: K3316

Dewey Class. No.: 342.05

The past, present, and future of legislation with supermajority
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