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Business, Finance & Law      Law

Making and Changing Law in Small Jurisdictions: 11 (The World of Small States, 11)

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Book Details
Language
English
Publishers
Springer; 2024th edition (13 Mar. 2024)
Weight
0.47 KG
Publication Date
13/04/2024
ISBN-10
3031469429
Pages
208 pages
ISBN-13
9783031469428
Dimensions
15.6 x 1.27 x 23.39 cm
SKU
9783031469428
Author Name
Caroline Morris (Editor)
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This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws?Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.

g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.

g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.

g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency.

Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction. This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform.

Of use to researchers and practitioners alike. .

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