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Home » Books » Nonfiction » Law » Constitutional

The Constitutional Value of Sunset Clauses

An historical and normative analysis

By Antonios Emmanouil Kouroutakis

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Format: Hardback, 212 pages
Published In: United Kingdom, 11 October 2016
In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.

Table of Contents

Preface - Panorama of Sunset Clauses Acknowledgements List of Abbreviations List of Figures Table of Cases Part I: Positive Analysis of Sunset Clauses Chapter 1: Definition, Taxonomy and Origin of Sunset Clauses A. The Meaning of Sunset Clauses and their Legal Effect B. Typology of Sunset Clauses C. Founding Era D. Conclusions Part II: Historical Overview of Sunset Clauses Chapter 2: Sunset Clauses As An Expression of Legislative Power in the Medieval England A. Early Use of Sunsets B. Early Constitutional Value C. The Use of Sunset Clauses in the Interna Corporis D. Conclusions Chapter 3: Sunset Clauses in a Period of Transition A. The Period of Tension B. Sunset Clauses in the Era of Balance of Powers C. Conclusions Chapter 4: Sunset Clauses in the Era of Parliamentary Sovereignty A. Sunset Clause and Parliamentary Sovereignty B. Emerging Elements of the Rule of Law and Sunset Clauses C. Conclusions Part III: Institutional effect of Sunset Clauses Chapter 5: Sunset Clauses and Separation of Powers A. Defining Separation of Powers B. How the Use of Sunset Clauses Affects the Separation of Powers C. How the Separation of Powers affects the Use of Sunset Clauses D. Conclusions Chapter 6: Parliamentary Sovereignty, Constitutional Dialogues and Sunset Clauses * Defining Parliamentary Sovereignty B. Dialogue between the Parliament and Courts C. Dialogue between Present and Future Parliaments D. Conclusions Part IV: Rule of Law and Sunset Clauses Chapter 7: Rule of Law and Sunset Clauses 1.0: Formal Rule of Law A. Formal Conceptions of the Rule of Law B. The Rule of Law and the Temporary Nature of Laws C. The Transaction Cost of Good Law Making with Temporary Legislation D. Proper Authority to Renew the Sunsets E. Conclusions Chapter 8: Rule of Law and Sunset Clauses 2.0 : Substantive Rule of Law A. Sunset Clauses and the Substance of the Law B. Sunset Clauses in Times of Emergencies C. Sunset Clauses in Times of Normality D. Sunset Clauses and Constitutional Design E. Conclusions Chapter 9: Epilogue Index

About the Author

Antonios Emmanouil Kouroutakis is Postdoctoral Fellow in the School of Law, Aristotle University of Thessaloniki. He has published on aspects of terrorism, emergencies and constitutional law in both English and Greek.

EAN: 9781472486448
ISBN: 1472486447
Publisher: Routledge
Dimensions: 24.6 x 17.4 centimetres (0.38 kg)
Age Range: 15+ years
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