Constitutional Constraints on Ad Hoc Legislation

Legislatures sometimes adopt laws that create a special legal regime for a particular case rather than general rules for an indefinite number of situations or persons. These ad hoc laws are controversial. The purpose of this first in-depth comparative study in the fields of constitutional law and legislative studies is to clarify the use and existence of ad hoc laws and to place them within a constitutional framework of the rule of law. It is a comparative study of the United States, Germany and the Netherlands.
Author(s):
Anna Jasiak
Series:
Ius Commune Europaeum
Volume:
96
book | published | 1st edition
August 2011 | xxviii + 324 pp.

Paperback
€75.-


ISBN 9781780680170


If you subscribe to the series, each new volume will automatically be sent to you. You can only cancel your subscription after having received two consecutive volumes.

Details

Legislatures sometimes adopt laws that create a special legal regime for a particular case rather than general rules for an indefinite number of situations or persons. These ad hoc laws are controversial. Politically, legislatures may be forced to act in one specific case (for example as a respond to a public outcry), but in doing so they risk violating the principles of the rule of law. Such legislative practice might lead to abuse of legislative power, inequality of citizens before the law, legal uncertainty, and weakening of the position of the courts. The purpose of this first in-depth comparative study in the fields of constitutional law and legislative studies is to clarify the use and existence of ad hoc laws and to place them within a constitutional framework of the rule of law. It is a comparative study of the United States, Germany and the Netherlands.

Those who will benefit from this book are constitutional law/legislation/human rights academics, constitutional law practitioners, judges from constitutional courts, legislative lawyers and legislators. This book provides innovative and profound insights from a comparative perspective and is a valuable addition to library collections.

Chapters

Table of Contents (p. 0)

PART I. INTRODUCTION (p. 1)

PART II. THE UNITED STATES (p. 13)

PART III. GERMANY (p. 97)

PART IV. THE NETHERLANDS (p. 167)

PART V. COMPARISON AND ANALYSIS (p. 233)

CONCLUSIONS (p. 285)

Bibliography (p. 293)

Index (p. 311)

About the author (p. 321)

About the series:

Ius Commune Europaeum

Subscribe to the series and receive a 15% discount on each volume.

The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


More about this series