Legislative Process Research Articles

미디어 법안 공동발의 네트워크의 구조적 특성 연구

This study analyzed the co-sponsorship network of media-related bills proposed in the 20th Korean National Assembly to understand the legislative process of media-related law. For this, I analyzed connectivity and network centrality based on co-sponsor attributes. The analysis revealed a clear division in the party affiliation and local constituency of the members who participated in the co-sponsorship. In particular, the division was centered on the two major parties (Democratic Party of Korea (DPK) and United Future Party (UFP)), and the members of the third-party Minsaengdang were mainly close to the DPK members, but some had networks with the UFP members. By region, members from Gyeongsang/Gangwon, and Jeolla were clustered. Honggeun Bak, Woongrae Roh of the DPK and Seang Tae Kim and Heekyung Song of the UFP were ranked high in several centrality indices, suggesting that they played a key roles and exercised influence in the media bill co-sponsorship process based on their party affiliations.

ПЕРСПЕКТИВЫ РАЗВИТИЯ ПРАВОТВОРЧЕСКОЙ ТЕХНИКИ В УСЛОВИЯХ ЦИФРОВИЗАЦИИ ОБЩЕСТВЕННЫХ ОТНОШЕНИЙ

The article discusses the prospects for the development of law-making technology in the conditions of digitalization of public relations. The author's position on the directions of the impact of digital technologies on the process of law-making is determined. The analysis of such a new rule of law as a digital law, which can radically change the legal technique, is carried out, therefore, the relevance of the proposed scientific article lies in the search for a new concept, which consists in the implementation of long-term strategic and medium-term goals, objectives and expected results of improving legal technology at the present stage of state development. The article discusses the application of the latest technology for creating a legislative text through the use of artificial intelligence technologies. The article will be useful not only in the framework of studying law-making techniques, but also for law enforcement officers whose activities are aimed at bringing the legislative framework into line with modern realities.

The Authorization for the Original Optometry Practice Act in the State of Alabama

This article describes the actions of the Alabama Optical Society in passing the first optometry practice act in the state of Alabama. It serves as a testament to the determination and persistence of those early optometry leaders in the state. It required three attempts over a nine-year time period before success was achieved. Even though this law was enacted 100 years ago, in some respects, the legislative process remains similar to legislative attempts undertaken by the profession today.

Media Dualism in Indonesia's Coverage of the Sexual Violence Bill

This research is motivated by two primary factors. First, the emergence of alternative news media can be considered as a counterbalance to the professional news media with their various biases. The second pertains to the protracted legislative process of the Sexual Violence Bill (RUU TPKS) before its eventual enactment. The objective of this study is to see examine these two media categories frame the protracted struggle in the legislative process of the TPKS Bill, given that framing reflects the media's perspective, which subsequently influence the audience's understanding of the issue. The subjects of this research are news related to the TPKS Bill as presented by both professional and alternative media in Indonesia. This research employs a qualitative approach in conjunction with the framing method developed by Robert Entman. This study’s findings reveal diametrical contrast in the frames adopted by professional and alternative media in reporting the TPKS Bill. Professional media constructs a frame that characterizes the protracted discussion of the TPKS Bill in the DPR as a technical-procedural problem. In contrast, alternative media framed it as a result of the DPR’s failure or lack of commitment to protect victims of sexual violence.

Principles of law in the legislative and law enforcement process

The purpose of the research was to study the sufficien and necessary conditions for applying the principles of law in the processes of law making and execution. In the main content it has been established that the principles of law should be understood as universal, fundamental, basic provisions and ideas reflectingdeep foundations of human existence, general relations formed by the participants of legal realities as a result of their social interaction and as the basis for legal development. The following methods were used in the research: analysis of biographical sources, synthesis, deduction, comparative analysis and meta-analysis, etc. In the conclusions of the case it has been shown that consistent adherence to legal principles by legislative and law enforcement bodies will create an atmosphere of predictability and stability of legislation in society. Finally, the principles enshrined in the Constitution and codes of Ukraine should become a prerequisite for modern Ukrainian society to implement a humanistic concept of personality, education of legal subjects, an effective norm on a par with other norms regulating specific relationships, and should not remain only a statement.

Is aggressive tax planning a failure of tax adviser integrity?

PurposeThis paper aims to address the fundamentals of tax planning and seeks to focus on the opportunities and root causes for tax planning.Design/methodology/approachThe paper reviews the current state of tax planning with case studies that reveal fundamental statutory structural opportunities.FindingsWhile some, possibly many, tax advisers lack integrity and recommend tax structures to their clients that are inconsistent with reasonable interpretations of the tax law, most advisers, even very aggressive and creative advisers, probably do not. The paper suggests that it may be futile to seek to deter tax professionals from designing and marketing tax plans unless legislation makes tax advisers jointly responsible with their clients for their clients’ tax underpayments.Practical implicationsShort of such a radical approach, governments must commit first to altering the basic structure of their tax laws to make aggressive tax planning uninviting.Originality/valueThe paper offers original insights into the inseparability of the legislative process from the creation of unnecessary tax planning opportunities.

'Catastrophic Experience' of Structural Violence in Sadat Hasan Manto’s “Toba Tek Singh”

This paper aims to analyze, interpret, and examine the impact of structural violence in Sadat Hasan Manto’s story “Toba Tek Singh”. It particularly stresses the form of violence in which social structure or social institution harms the major character Bishan Singh by preventing him from meeting his basic needs of life, liberty, and pursuit of happiness. The political decisions forced him to leave the nation where he lived before. He was deprived of his rights to preserve his nationality and pursuit of happiness. This paper also explores how Bishan gets inflicted by the decisions imposed by the rules in the name of democracy and people’s aspiration; and traumatizes the people of his strata. Further, it exposes the patriotic feeling of the homeland and brotherhood relationship within the same territory. For this, the concept of trauma theory was employed to explore how the people suffered from the decisions of the nations and felt pain when the intense desire of the common people was suppressed and forced to abide by the unwise decisions. This article argues that Manto uses the setting of the mental asylum to show the structural violence that is inherent in the social, political, and economic systems of the newly formed nations of India and Pakistan. The study, thus, contributes to the readers to understand multidimensional impacts of structural violence and enforces the rulers to rethink their prudent decisions in the law-making process.

Acupuncture Legislation in the United States: Minnesota as a Case Study

Abstract 2023 marks the 50th anniversary of legal regulation of acupuncture in the United States, as the first acupuncture law was enacted in Nevada. Acupuncture, like any other medical modality, is regulated at the state level, with each state formulating and enforcing its own laws and statutes over time. This article narrates the legislative process and major developments of the acupuncture profession in Minnesota, in the context of legislative developments across the country. It tells how this midsize, Midwest state’s acupuncture profession became regulated, and examines the challenges faced by the profession before and after state statutes were enacted. Minnesota stands as a representative example of the legislative process in other states.

A Critical Analysis of the European Union Law-making Process and Sources of Law

This study focused on the critical analysis of the European Union law-making process and sources of law. The study employed doctrinal legal methodology which covers research into doctrines and analysis of the relevant legal instruments including; Treaty on European Union (TEU), Treaty on the Functioning of the European Union (TFEU) and other instruments, legal articles and books citing secondary materials where issues need to be placed in contexts of the European Union’s law-making process and sources of law. The findings on the European Union law making process revealed three major methods of the European Union’s legislative process which they entail: firstly, ordinary legislative process containing procedures such as formulation, first reading, second reading, conciliation, third reading and special provisions; secondly, special legislative process containing procedures such as consultation procedure, consent procedure and approval procedure; and thirdly, non-legislative procedures such as procedure for adopting delegated acts and implementing acts; and the findings of the study on the European Union’s sources of law indicates that are two major categories of sources of law including; primary source of law such as the European Union founding treaties like the Treaty on European Union and the Treaty on the Functioning of the European Union; and the secondary source of law such as legislative and non-legislative acts, international agreements, sui generis decisions, soft law, inter-institutional agreements, agreement between member states, legal unwritten custom; and thirdly, the general principles of law such as protection of the legitimate expectations, right to a fair hearing, the guarantee of fundamental rights and the principle of proportionality.

Toward the Development of the Regulatory Framework of Legislative Drafting and Law-Making Process in Saudi Arabia

Abstract The legislative drafting process has recently undergone dramatic changes in Saudi Arabia. This development was motivated by the country’s desire to create a more transparent, efficient, and effective legal system. Despite the advancements achieved in legislative drafting, there remain significant challenges that impede the quality of proposed legislation in the country. This article aims to contribute to the evolution of the regulatory framework governing the legislative drafting and law-making process. It embarks on a comprehensive examination of the existing legislative drafting mechanisms, highlighting the need for further improvement in the regulatory framework of legislative drafting to improve the efficiency and clarity of legislation. Furthermore, the article elucidates the complexities and challenges associated with drafting effective laws within the legal system and clarifies the pivotal function of manual drafting and regulatory impact assessments in augmenting the effectiveness and quality of enacted laws. This article concludes with various recommendations such as the need to launch a drafting manual and systematic approach to regulatory impact assessment which can strengthen the evidence base for the development and review of proposed and existing legislation. This article is expected to serve as a cornerstone for similar studies in other jurisdictions within the Middle East.

Public Law of Moldova in the 16th – 17th Centuries

Relevance. The public legal relations of Moldova in the 16th-17th centuries continue to develop against the backdrop of legislative processes and the adoption of the Code of 1646 - the first monument of Moldovan law. The adoption of the Code marked a new stage in the development of public law in general, the areas of legal proceedings and criminal law in particular. Despite the fact that the Code of 1646 contained norms and institutions that were progressive for their time, it consolidated the tendency to toughen criminal liability for crimes against the backdrop of an intensified class struggle in Moldovan society.The purpose of the article is to determine the range of the main sources of public law in Moldova in the 16th - 17th centuries, as well as the features of the development of public law branches and their individual institutions in medieval Moldova.Objectives: analyze the main sources of public law in Moldova in the 16th-17th centuries; to determine the features of public law institutions of the medieval Moldavian state.Methodology. The methodological basis was the historical method of research. Along with the historical method of research, the principles of consistency and scientific objectivity were used.The results of the scientific study showed that the period under study is represented by many heterogeneous sources of public law, a special place among which is occupied by the first monument of the law of Moldova - the Code of Vasily Lupu of 1646, containing, for the most part, norms of a criminal law nature. Despite the fact that the Moldavian medieval law was characterized by a pronounced class character, it not only reflected the class character of social relations, but also contained norms and provisions progressive for its time.Conclusions. In general, we can conclude that during the XVI-XVII centuries the area of public law relations continues to develop. This was facilitated by the adoption of the Code of 1646, which, in essence, acted as a monument of criminal law. Along with the Code, other monuments of law continue to be applied, including both Byzantine legislation and canonical collections. Moldavian feudal law, like the law of other European states, was characterized by a class character. At the same time, the first monument of Moldovan law - the Code of Vasily Lupu of 1646 - contained a developed conceptual apparatus, progressive concepts for its time, such as recidivism, necessary defense, extreme necessity, mitigating and aggravating circumstances, circumstances excluding criminal liability.

Advancing Legal and Ethical Arguments against Ex-Governors’ Pension Practice in Nigeria

One of the biggest issues with public accountability in most federal systems is the payment of pensions to former public officeholders such as governors, which is arguably undermining ethical standards in the public sector and impeding socio-economic development. This is because of the arbitrariness of the policy, the huge financial burdens it imposes on subnational governments, and the fact that such practice is often uncorrelated with the fiscal realities of the federating states. The problem is more challenging in developing countries that are weighed by weak institutions and poor governance. Using the Nigerian case, the study shows how public officeholders’ pensions are shaped by corruption-prone defective legislative processes configured to birth ex post facto laws that widen rather than narrow corruption and inequalities. Adopting a descriptive exploratory research design and document analysis technique, this study offers valuable insights into addressing the ethical and legal challenges surrounding public pension administration. It advocates for adopting a standardised model for regulating and administering pensions for public officeholders in developing federal systems. By advancing legal and ethical arguments against the prevailing ex-governors’ pension practice in Nigeria, this paper contributes to the extant discourse on improving accountability and governance in the public sector.

Fiscal transfers, local government, and entrepreneurship

AbstractCan local government spending spur entrepreneurial activity? To answer this question, we study a setting where, around multiple pre‐determined and non‐manipulable thresholds, municipalities with lower tax revenues receive direct and different monetary grants from the national budget. Employing a fuzzy regression discontinuity design, we find a positive impact of fiscal transfers on the number of firms, especially sole proprietorships and small firms. The impact is stronger in municipalities where the opposition is more involved in the legislative process or more parties are represented in the municipal council.

Corruption, Elite Contestation, and Parliaments: Why Do Legislatures Become Stronger in Authoritarian Regimes?

A growing body of literature studies the personalization of power in authoritarian regimes. Yet, how institutions can become a credible constraint to dictatorial rule is less widely studied. I theorize that corruption is a key factor associated with stronger legislatures in authoritarian regimes. By engaging in corruption, authoritarian elites in ruling coalitions can build up networks of support and influence and ultimately, use their elevated position to impel more legislative powers vis-à-vis the executive. Examining panel data on the strength of legislatures in authoritarian regimes between 1946 and 2010, I show empirically that authoritarian parliaments are stronger when levels of corruption in a given regime are high. The link between corruption and legislative strength is especially strong in the Middle East and Africa, and primarily applies to party-based and military dictatorships. More competitive electoral and legislative processes, however, do not uniformly affect parliaments’ strength. These findings contribute to our understanding of institutional changes in autocracies and highlight the centrality of elite contestations in determining institutional trajectories.

International Legal Regulation of the Problem of Protecting the Environment from Radioactive Contamination

This article deals with modern actual international legal problems of ecological and nuclear law. In the frames of conducted research the special emphasis was made on, that in the modern interstate system is required a new codification of common international law norms, as well as initiation of the process of regional rulemaking.Aim. The main intention of research is search for solutions the problems protecting the environment from radioactive contamination in the context of increasing the effectiveness of the mechanism of international legal regulation in the epoch of modern international relations.Tasks. To determine the relevance and specificity the actual international legal problems of protecting the environment from radioactive contamination in the context of increasing the effectiveness of the mechanism of international legal regulation in the 21th century.Methods. Within the framework of this study, using the methods of studying normative legal acts and international legal doctrines, as well as content analysis, the features of the functioning of the mechanism of international legal regulation in the field of environmental protection from radioactive contamination are revealed.Results. During the study, the author concludes, that in the light of today’s threats and challenges, it is necessary to try to develop legally significant ways out of the crisis associated with solving international legal environmental problems of preventing nuclear damage, as well as eliminating and reducing the negative consequences of its impact on the state of the natural environment. On of the justified ways to solve threes problems is the reform of international legal consciousness in general and in the areas of international environment law and nuclear law, in particular. In the modern interstate system, it seem that a new codification of the norms of general international law is to required, as well as the initiation of a process of regional law-making.Conclusion. Summing up the results of the study, the author of investigation gives his findings and conclusions regarding the resolution of these problems in this area of international legal regulation. In particular, the article determines the validity of the assertion that in the context of modern threats and exports to international peace and security in the 21st century, a qualitative renewal of international legal consciousness, its enrichment and nourishment with new scientific ideas and well-thought-out concepts that can bring international law out of crisis since the legal consciousness that exists today does not meet modern realities and, relying on it, it will be extremely difficult to ensure the effectiveness of the well-coordinated work out of international interstate system.

The Violence of Exclusion: A Psychoanalytical Approach Toward Intersectionality, Identity, and Hegemony

ABSTRACT When one looks from a feminist and critical point of view at how the Symbolic is created through the structure of the Master’s Discourse, one finds a necessary exclusion of specific signifiers and objects through which the subject can engage in processes of identification. This exclusion, far from being naturally given, results from power relations and hegemonic struggles to impose a Master Signifier that allows the subject to emerge. Following the idea that our current Hegemonic Symbolic (HS) is patriarchal, this article poses questions around the idea of a possible feminist Symbolic, the rejection of the Symbolic, and the articulation of intersectionality from a psychoanalytical approach that proposes to shift from identity politics to politics of identification. The speculative nature of this article aims at illustrating different outcomes and paradoxes while focusing on two specific legislative processes by the Spanish Ministry of Equality.

In search of nexus triple wins: planning for and evidence of economic transformation, social inclusion and ecological sustainability in Sri Lanka, Thailand and the Dominican Republic

Achieving prosperity for all within planetary boundaries requires that governments take wide-ranging transformative action, but achieving ‘triple-wins’ by joining up policies across economic, social and environmental realms can be challenging. A companion analysis undertaken under the ODI Nexus project (Diwakar, 2022) analysed key indicators in these realms in lower income countries and identified the Dominican Republic, Sri Lanka and Thailand as front-runners in achieving more holistic development outcomes. Looking deeper at these case studies, we sought to identify national policy interventions that struck a balance between the different realms of development and explored the policy development, legislation and implementation processes required for integrated transformational policy to succeed. In each we found national-scale, triple-win policies led from the president’s or prime minister’s office. These policies can usually be traced to specific political moments that forced a reckoning with the failures of previous development policy, often resulting in radical change of direction in development planning. Yet, despite the existence of triple-win policies, as of 2019, there was limited evidence of triple-win outcomes being achieved. Instead, the case study countries typically performed well in one or two realms, often to the detriment of progress in the other(s). We present potential reasons for the lacklustre impact of these policies and conclude with suggestions for future work to outline where in the policy landscape it may be possible to enact transformational nexus policies and how to support them to achieve their outcomes in the timeframes required to ensure equitable prosperity within planetary boundaries.

Bridging the gap between corporate sustainability due diligence and EU public procurement

The link between human rights and environmental due diligence and public procurement has been recognized in soft law, and in a less consistent way in EU hard law. Particularly, it has been an issue of concern in the law-making process for the EU Corporate Sustainability Due Diligence Directive. Despite increasing attention, considerable debate remains over the inclusion of human rights and environmental due diligence in public procurement, which is still an underdeveloped topic. This article contributes to enlightening the debate and filling this gap by exploring the link between human rights and environmental due diligence and public procurement, then by analysing whether and how human rights and environmental due diligence can be incorporated into EU public procurement as a contract performance condition and comply with the requirement of the link to the subject matter of the contract.

중대재해처벌법위반죄의 구성요건체계에 관한 고찰

Severe Accident Punishment Act(SAPA), which was enacted after much controversy, has been in effect for a year, but there are still questions about its systematic consistency and effectiveness. SAPA was not sufficiently researched and reviewed during the legislative process. Therefore, it is inevitable that it will continue to be a problem in the future. Theories of criminal law such as responsibility principle, systematic status, and balance of crime and punishment have not been sufficiently reviewed. Its place was replaced by the force of punishment and harsh punishment. In legislative process, only one purpose was fulfilled faithfully. It means that the subject of criminal responsibility is extended to responsible managing officer, and the punishment is high. And as a result, despite the fact that serious industrial accident involuntary manslaughter have the nature of criminal negligence, the sentencing structure of consequentially aggravated crime was adopted. The ultimate purpose of punishment for those involved in safety accidents should be to promote the safety of people's lives and bodies through accident prevention. However, it seems skeptical whether SAPA meets this goal. In conclusion, this act requires comprehensive revision that considers the systematic consistency of punishment and its relationship with the Occupational Safety and Health Act in a balanced manner. In addition, there is a need to acknowledge the legislative failure before more cases of application are accumulated and to consider reform it from the beginning after abolishing it.

Right to Effective Legal Remedy in Criminal Proceedings in the EU. Implementation and Need for Standards

In order to secure rights and guarantees provided by the legal system of the European Union, legal acts in the field of the criminal cooperation refer to the right to an effective remedy. Given that, two instruments are particularly impor­tant as they were the first to aim to set the standard and frame for the effective remedy conceptual framework: the Directive 2013/48/EU and the Directive (EU) 2016/343. The Authors analyse the legislation process within that context, the ap­proach of Member States, (non)existing standards and related consequences, such as the possibilities of proper implementa­tion of the right to the effective remedy into the national legal systems, verification of that process as well as the chances to achieve the harmonisation of minimal standards of the protec­tion of fundamental rights in the area of criminal proceedings in the EU.