Influence Of Legislation Research Articles

The patriation of Canadian corporate law

Canadian corporate law belongs within a broader Anglo-American legal tradition, sharing many of the features of other common law jurisdictions, most notably England and the United States. Prior to Confederation, Canadian corporate law first emerged from nineteenth-century English legislation and continued to resemble English law – at least superficially – well into the twentieth century. Legislation is only one source of corporate law, however. Just as important is the creation of legal rules through the common law adjudicatory process. Thus, examining case law raises an important empirical question distinct from, though relevant to, the issue of legislative influence – namely, what have been the major influences on Canadian judicial law-making? This article addresses this question through a comprehensive citation analysis of substantially all corporate law decisions by Canadian courts of appeal since 1867. The primary findings are as follows: (a) over the past 150 years, Canadian corporate law – once dominated by English precedent – has become increasingly characterized by domestic Canadian precedent; (b) historically, the Judicial Committee of the Privy Council played an important role in maintaining English influence, such that the prominence of English precedent decreased after 1949; and (c) despite the increasing influence of Canadian precedent throughout the Canadian legal system, Canadian courts continue to cite English cases when addressing unsettled legal issues, preserving a channel for the continuing influence of English jurisprudence in Canada. Surprisingly, Canadian judicial decisions rarely cite American cases, challenging the notion that Canadian courts have been significantly influenced by American law. Ultimately – and despite residual English influence – Canadian corporate law has formed its own distinct identity.

How Does Cybersecurity Legislation Influence Digitization?

We analyze whether cybersecurity, as an associated cost attached to digitization, slows down the digital economy. Our identification strategy exploits the staggered adoption of security breach notification laws (SBNLs) in 47 US states, which require companies to publicly disclose data breaches. We study the impact of SBNLs toward the employment by IT service providers, the main suppliers of the digital economy. We find that the enactment of SBNLs leads to reduction in employment by mature and large IT service providers, but not for younger and smaller firms. The results hold under various robustness and falsification tests. This study provides fresh evidence related to the unintended and broader impacts of cybersecurity legislation.

Брачные законы как инструмент укрепления Римского государства в правление Октавиана Августа

<p>В статье рассматриваются особенности брачно-семейного законодательства римского императора Октавиана Августа. Анализируются причины введения брачных законов, их особенности, прослеживается влияние законодательства в области семьи и брака на различные сословия римского общества.</p>

Historical urban tourism: Developmental challenges in Johannesburg 1920-1950

Over the past decade there has been considerable growth and maturation of research concerning contemporary urban tourism. Tourism in major cities is not a new phenomenon rather it has existed from the earliest times of civilization following the birth of cities. The historical development of cities as tourist destinations has remained little investigated as urban tourism research is overwhelmingly ‘present-minded’. This paper addresses the neglect of historical studies in urban tourism. Using archival sources an investigation is undertaken of the early development of tourism in Johannesburg, South Africa’s largest city, which evolved from a gold mining camp established in 1886. The analysis focuses on the period from 1920 when the first tourism promotional activities were initiated to 1950 when national government enacted the Group Areas Act which began the radical reshaping of tourism in South Africa under the influence of apartheid legislation. In the formative years of urban tourism in Johannesburg between 1920 and 1950 two key overarching challenges are identified. These are the challenges of identifying and promoting the city’s tourism assets and of the building of a competitive infrastructure for tourism development, most notably in terms of the hotel accommodation sector.

La influencia legislativa de la oposición en las iniciativas de los gobiernos en minoría en México, 1997-2012

Los estudios sobre la dinámica de los gobiernos en minoría en sistemas presidenciales son escasos a pesar de su frecuencia en América Latina. Este trabajo analiza la influencia legislativa de la oposición —entendida como las enmiendas que ella impulsa— sobre las iniciativas de los presidentes de los gobiernos mexicanos en minoría del periodo 1997-2012. Se argumenta que uno de los mecanismos que viabilizaron la aprobación de piezas de la agenda legislativa de los presidentes fue, precisamente, la participación activa de legisladores de oposición en el contenido final de estas iniciativas. A partir de una base de datos original —que capta la magnitud de cambio que implica cada enmienda— se muestra la influencia legislativa de la oposición,

EWOLUCJA PRAWNEGO STATUSU ORGANÓW NADZORUJĄCYCH BEZPIECZEŃSTWO WYKORZYSTYWANIA ENERGII JĄDROWEJ W POLSCE

Do połowy XX w. z braku wyspecjalizowanych organów państwowych i przepisów prawa użytkownicy źródeł promieniowania bazowali na własnej wiedzy praktycznej i teoretycznej w zakresie wpływu promieniowania na organizm ludzki i możliwości ochrony przed jego negatywnymi skutkami. W latach pięćdziesiątych XX w. powstały pierwsze wprost poświęcone ochronie przed promieniowaniem przepisy rangi państwowej, a w dekadę później wyznaczono organ odpowiedzialny za regulację działalności z wykorzystaniem źródeł promieniowania jonizującego. Przez kolejne dekady organ ten zmieniał nazwę i usytuowanie w strukturze instytucji państwowych, łącząc kompetencje nadzorcze w zakresie bezpieczeństwa ze swoim pierwotnym i głównym zadaniem w postaci stymulacji i koordynacji rozwoju wykorzystania energii jądrowej i technik jądrowych w Polsce. Stopniowo pod wpływem międzynarodowych trendów i prawodawstwa wykształcał się organ odpowiedzialny wyłącznie za bezpieczeństwo jądrowe, ochronę radiologiczną, ochronę fizyczną obiektów i materiałów jądrowych oraz zabezpieczenia materiałów jądrowych. Aktualnie organem tym jest Prezes Państwowej Agencji Atomistyki będący naczelnym organem dozoru jądrowego i jednocześnie centralnym organem administracji rządowej.

Do electoral district size and diversity affect legislative behaviour?

ABSTRACTThis paper analyses how the size and socio-economic diversity of their electorate affect parliamentarians’ legislative behaviour. We study the Australian senate, which wields considerable legislative influence and is marked by large differences in the size and socio-economic makeup of the districts that senators represent. We demonstrate that as the size of their district increases, senators ask more questions and introduce more bills and amendments. By contrast, senators become less active as the diversity of their electoral district increases. The paper thus establishes that size and diversity of electorates have significant effects on legislative behaviour.

Segovia’s concert heritage as the basis of forming the guitar performing traditions of the XX century

Segovia’s concert heritage as the basis of forming the guitar performing traditions of the XX century

Features of Humanization of the Criminal Policy of Kazakhstan: Study of the Possibilities to Increase the Effectiveness of Punishments in the Context of International Experience

Humanization of the criminal policy of the Republic of Kazakhstan, started by the President of the country in the Message dated January 29, 2010, attracts the attention of many researchers, both in Kazakhstan and in the world. However, the issue of what impact this humanization has on the recorded criminality in the country is answered by researchers ambiguously. A part of society also believes that humanization allows avoiding fair punishment for many criminals. The aim of the work is to summarize the results of the humanization of the criminal policy, to develop certain recommendations on the improvement of the criminal legislation of Kazakhstan taking into account world trends and the provisions in the international criminal law. The influence of international legislation on the formation of national criminal law is analyzed. Under the influence of global trends, there has been significant humanization of the criminal legislation of the Republic of Kazakhstan. A significant reduction in the number of persons serving a criminal sentence of imprisonment is mentioned by the author as one of the main achievements of the process of humanization. The author sees the further development of the process of humanization in a new approach to the execution of punishment in the form of community service. The international experience of implementing the principle of publicity for a number of criminal penalties, its conformity with the historical traditions of the Kazakh society are recognized as positive; this experience is recommended to be used and fixed in the Criminal Code of the Republic of Kazakhstan. The author believes in the need to widely involve public organizations, including religious ones, in their influence on people convicted for public works.

Ontology and School Culture: Does Legislation Influence School Culture in Centralized Education Systems?

This study aims to identify linkage between the concepts of educational ontology, school culture and educational legislation. The first has to do with the basic fundamental elements of the educational system. The second has to do with the school climate and general working conditions. The third has to do with the laws abiding the system. All these complex concepts are relevant to the educational functions. However, their relationship and the way they interact have not been studied thoroughly. This study researches that relationship. The context of the research is the education system of Greece, which is recognized as being highly centralized. Through an examination of educational legal documents, the study draws a relationship linking, the three concepts in such systems. By examining the content of 435 legal documents, it concludes that their focus ontology-wise was mostly on the level of application of teaching work, instead of ideas or structures. This detailed structured implementation of school function leads to this centralized culture. https://doi.org/10.26803/ijlter.17.9. 7

Authoritarian Amendments: Legislative Institutions as Intraexecutive Constraints in Post-Soviet Russia

Why are executive bills sometimes amended significantly in authoritarian legislatures? Bill change clashes with the conventional picture of parliaments in nondemocracies as “rubber stamp” bodies. Recent work challenging the “rubber stamp” model suggests that cases of amendment are the result of legislator influence. This article proposes an alternative argument: Amendment can result from intraexecutive policy-making processes, unresolved in the prelegislative, cabinet-level stage. Factionalised executives can use legislative institutions to help overcome information asymmetries, as well as the commitment and monitoring problems involved in collective decision making. The article evaluates this alternative account using a combination of statistical and case-study analyses, drawing on both cross-national and fine-grained data from contemporary Russia. The findings contribute to our knowledge of authoritarian legislatures, policy-making processes in nondemocracies, and Russian politics.

The Regulatory Road to Reform: Bureaucratic Activism, Agency Advocacy, and Medicaid Expansion within the Delegated Welfare State

American policymakers delegate the administration of many welfare programs to states, where officials implement them in increasingly diverse ways. Welfare state scholarship has little to say about this subnational policy divergence, and it portrays the complexity of delegated governance as a barrier to nonelite legislative influence. Drawing on an ethnographic study of one state’s Medicaid program, this article shows that delegated governance offers ample opportunity for nonelite influence and policy divergence, but through regulatory governance rather than legislative advocacy. Medicaid is opaque to politicians, whose inability to monitor program details creates conditions of bureaucratic autonomy and even activism: health-care agency personnel sequence regulatory tweaks to protect and expand entitlements. But budget cuts, outsourcing, and fraught provider relations also deprive bureaucrats of street-level know-how, and bureaucrats depend on beneficiaries’ advocates who selectively illuminate a path to reform. A full rendering of subnational divergence in American federalism requires attention to underexamined factors such as bureaucratic activism, agency advocacy, and regulatory governance.

Reefer madness or much ado about nothing? Cannabis legalization outcomes among young adults in the United States

In 2012, Colorado became one of the first two U.S. States to legalize cannabis for recreational use for adults 21 and older. Given that cannabis use holds potential physical and mental health risks, particularly among adolescent users, concerns have grown regarding changes in use following this change in policy. Studies examining medical cannabis legalization have found inconsistent changes in cannabis use and prevalence of dependence following medical implementation. However, recreational legalization holds potential unique changes, such as increased availability and social acceptance, as well as decreased price and perceived harm of use. There also may be increased interest in moving to Colorado related to the changes in cannabis laws. Based on past literature, two hypotheses were made for this study. First, college student cannabis use would increase after recreational legalization, however just for those 21 years old and older. Second, there would be a positive relation between the influence of cannabis legislation on out-of-State student’s decision to attend a Colorado university and their cannabis use. Data from 5241 undergraduate students was available to test study hypotheses using Pearson’s Chi-square, negative binomial regressions, and path analysis. Results indicated that cannabis use increased since recreational legalization for all students, but more so for those over 21 years. No differences in past month use frequency were found between pre- and post-legalization. Influence of cannabis laws on non-resident student’s decision to attend a Colorado college predicted lifetime and past 30-day use. Additionally, out-of-State students reported higher past 30-day use than in-State students. These findings may help inform other States considering recreational legalization of potential outcomes, as well as potential interventions.

Patient and public involvement in hospital policy-making: Identifying key elements for effective participation

The involvement of patients and the public in healthcare decisions becomes increasingly important. Although patient involvement on the level of the individual patient-healthcare worker relationship is well studied, insight in the process of patient and public involvement on a more strategic level is limited. This study examines the involvement of patient and public (PPI) in decision-making concerning policy in six Flemish hospitals. The hospitals organized a stakeholder committee which advised the hospital on strategic policy planning. A three-phased mixed- methods study design with individual questionnaires (n = 69), observations (n = 10) and focus groups (n = 4) was used to analyze, summarize and integrate the findings. The results of this study indicate that: (1) PPI on hospital level should include the possibility to choose topics, like operational issues; (2) PPI-stakeholders should be able to have proper preparation; (3) PPI-stakeholders should be externally supported by a patient organization; (4) more autonomy should be provided for the stakeholder committee. Additionally, the study indicates that the influence of national legislation on stakeholder initiatives in different countries is limited. In combination with the growing importance of PPI and the fact that the recommendations presented are not claimed to be exhaustive, more transnational and conceptual research is needed in the future.

Influential in the Crisis or a Crisis of Influence? The European Parliament's Legislative Influence in the Wake of the Economic Crisis

During the economic crisis, the EU adopted five regulations and one directive (the so-called legislative Six-Pack) in little more than one year. Retrospectively, criticism was expressed, partly stemming from the European Parliament itself, questioning the legitimacy of the new economic governance framework resulting from these measures, in particular the European Semester. However, the European Parliament was a co-legislator in the adoption of Regulation 1175/2011 which codifies the European Semester and Economic Dialogue. This raises the question how the European Parliament has influenced the adoption of this Regulation and which role the economic crisis played in this. This paper aims to provide a deeper understanding of the economic governance architecture and contextualize the claim expressed in the literature that the crisis has shifted power to intergovernmental EU-institutions. Therefore, the decision-making process on Regulation 1175/2011 is analyzed to fist assess the European Parliament’s legislative influence and subsequently explain it by means of new institutionalist theory.

Chamber of opportunities: Legislative politics and coalition security policy

This article adopts a ‘party-political’ approach to studying legislative influence on security policy-making. It argues that legislative logrolling constitutes a key mechanism for the government to secure votes in parliament while facilitating the opposition to advance its own interests, especially when the government requires parliament’s consent for security policy. The article investigates legislative logrolling in the context of weak executives, specifically looking at minority coalitions and majority coalitions with ideological and policy divergences. Logrolling is critical for these types of governments, as their structural and situational weaknesses force them to cooperate with opposition parties to maintain parliamentary support. Using the Danish and Dutch decisions to participate in the 2003 Iraq War, and Israel’s 2005 decision to unilaterally withdraw from Gaza, this article elucidates the ways in which legislative logrolling between the governing and opposition parties facilitates security policy-making in parliament.

The Influence of Tax Legislation in Promoting Downstream Beneficiation in the South African Mining Sector

Downstream beneficiation in the South African mining industry is promoted in the Mineral and Petroleum Resources Development Act. This research evaluated the influence of existing tax and royalty legislation in promoting downstream beneficiation, and the economic decisions of mining companies to respond to the benefits provided for in the legislation. The research commenced with a theoretical analysis of tax and royalty legislation to determine existing provisions in the law that could stimulate the process of downstream beneficiation, or alternatively discourage potential beneficiators, or frustrate the activities of existing refiners. Role players in industry were engaged to analyze tax incentives in legislation that influence the economic decision making of the extractors in response to the legislation either supporting or deterring downstream beneficiation in their value chain. The data obtained from the extractors were analyzed and interpreted to determine how tax legislation has influenced the promotion of beneficiation in the South African mining sector. The research found that tax legislation influenced some of the extractors to a limited extent, indicating that the intent of tax legislation to promote beneficiation was not consistently achieved. It was further observed that the available incentives did not have a sufficiently decisive impact on the extractors to beneficiate; however it was also determined that tax legislation indeed has the ability to promote beneficiation in the South African mining industry. Finally, tax legislation was not found to discourage refining activities. It is recommended that further studies be conducted to determine whether tax incentives are too simplistic to effectively apply in all circumstances or whether more advanced formulas are required based on the various types of minerals beneficiated.

Уряд та парламентська опозиція в Чеській Республіці (політико-правовий аспект взаємодії).

The political and legal aspects of interaction of the parliamentary opposition and the government in the Czech Republic after 1993 were investigated. The role, powers and resources of the parliamentary opposition in the country while carrying out of government control functions are explained.It is clarified that on the one hand, the relations between the government and the parliamentary opposition in the country are determined by the institutional design, which determines the political and legal field of activity of political persons, determines the channels of their interaction and establishes certain restrictions. On the other hand, they depend on the ratio of political forces in the parliament, the level of stability of government support, the effectiveness of its policies and can balance from confrontation to cooperation.It is noted that the parliamentary opposition in the Czech Republic, in the absence of a separate legal regulation of its activities, remains an important political institution in the mechanism of containments and counterbalances. The extent of the rights it is granted in the House of Representatives is rather high, despite the fact that the capacity of legislative influence on the government remains insignificant.This is due to the fact that the majority principle is constitutionally vested in the formation of the government. In the most complete way the control functions of the parliamentary opposition are carried out through a vote of no confidence in the government. This procedure, despite its poor performance, still has a notable political effect and is an attempt to combine parliamentary activity with the extra-parliamentary and aims at obtaining political dividends in the form of mobilizing the protest electorate. Under the conditions of absence of stable support of the government from the side of the parliamentary majority, the chances of influence on the government grow among the opposition.

Contradictory tendencies in banking systems of the Slovak Republic and the Russian Federation

The paper analyzes the banking systems of the Slovak Republic under the influence of the European Union legislation and banking system of the Russian Federation from the perspective of opening the banking sector to foreign capital. A fundamental difference between the given legislations, which is reflected mainly in the recent period, lies in the degree of openness of the banking system to foreign capital. While the banking system of the Slovak Republic under the influence of the European Union law can be considered as highly open banking system to foreign capital, the legislation concerning the Russian banking system is characteristic by legal limitation for foreign capital entry. The analysis of these contradictory tendencies which have common goal – to ensure a stable banking system could bring important knowledge that may help in resolving the issue of stability of the banking system at the global level.

Congressional committees, legislative influence, and the hegemony of chairs

Congressional committees play a central role in policymaking, and the members of the most important committees are thought to be particularly powerful, but committee chairs have received less scholarly attention. We study the effects of congressional committee positions on legislative influence—analyzing legislative effectiveness, campaign contributions, and the implied value of being lobbied—and utilizing a within-member design that allows us to distinguish the effects of committee positions from selection into committee positions. We find little evidence that a seat on an important committee makes a member of Congress more powerful, but members do experience a significant increase in power when they become chair of a committee. Our results suggest that much of the power associated with committee positions in Congress is concentrated among a small set of chairs that play a disproportionate role in policymaking.