Theory and Practice of Legislation最新文献_第2页

Legislative drafting and gender: some linguistic insights into English and Italian 立法起草与性别：对英语和意大利语的一些语言学见解

IF 4

Theory and Practice of Legislation Pub Date : 2022-09-02 DOI: 10.1080/20508840.2022.2139042

G. Pennisi

{"title":"Legislative drafting and gender: some linguistic insights into English and Italian","authors":"G. Pennisi","doi":"10.1080/20508840.2022.2139042","DOIUrl":"https://doi.org/10.1080/20508840.2022.2139042","url":null,"abstract":"ABSTRACT Languages vary widely in terms of gender systems showing differences in the number of classes, underlying assignment rules and how and where gender is marked. The legislative drafting policy conventionally known as the ‘masculine rule’, whereby ‘he includes she’, raised opposition in the 1970s (under the pressure of feminist movements in the United States and Europe), and the adoption of plain English style forced legislative drafters to basically avoid sentences of undue length, superfluous definitions, repeated words and gender specificity with the aim of achieving clarity, minimising ambiguity, and enhance gender-neutrality. Given the prevalence of English as lingua franca, an increasing number of international organisations (i.e. the European Union) and non-English-speaking jurisdictions (i.e. the Italian jurisdiction) have recently shown some instances of a drafting style much more inclined to gender equality. Anything that causes drafters to challenge fixed old habits (i.e. formulaic expressions, grammar rules and social norms, repetitive use of form-meaning associations, common patterns of thought) might be seen as an opportunity for innovation and improvement (unusual collocations, unpredictable compounds). That must be welcome in the environment of English-speaking legislative drafting techniques where considerable reliance on precedent is inevitable and often desirable, a factor which certainly introduces a resistance to change in legislative language and makes it inclined to archaism. In light of the above, the aim of this research is to analyse the lexico-grammatical specificities of the selected languages (English and Italian), and the lexico-grammatical strategies proposed by the EU institutions to implement the EU normative acts into the Italian legislation aiming at gender fair and symmetric representation of men and women.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":4.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47959726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Gender neutrality: description and prescription* 性别中立：描述和规定*

IF 4

Theory and Practice of Legislation Pub Date : 2022-09-02 DOI: 10.1080/20508840.2022.2136427

T. Watkin

引用次数: 0

Gender responsive budgeting: a crucial part of the toolkit for the implementation of gender sensitive laws? 促进性别平等的预算编制：执行对性别问题有敏感认识的法律的工具包的关键部分？

IF 4

Theory and Practice of Legislation Pub Date : 2022-09-02 DOI: 10.1080/20508840.2022.2138375

J. Veitch

引用次数: 0

Legislating for change: gender-sensitive ex-ante legislative scrutiny in practice 为变革立法:实践中对性别问题敏感的事前立法审查

IF 4

Theory and Practice of Legislation Pub Date : 2022-09-02 DOI: 10.1080/20508840.2022.2136428

H. Johnson

引用次数: 1

Gender sensitive parliaments and the legislative cycle: conceptualising new cultures and practices 对性别问题有敏感认识的议会和立法周期：构想新的文化和做法

IF 4

Theory and Practice of Legislation Pub Date : 2022-09-02 DOI: 10.1080/20508840.2022.2147760

S. Palmieri

引用次数: 0

Regulation as struggle for jurisdictional and maximal power: evidence from the reform strategy of Kenya’s regulator of engineering practice 监管是管辖权和最大权力的斗争——来自肯尼亚工程实践监管机构改革战略的证据

IF 4

Theory and Practice of Legislation Pub Date : 2022-08-25 DOI: 10.1080/20508840.2022.2113201

O. A. K’Akumu

引用次数: 2

Deliberate legislative reforms to improve the legislation quality in developing countries: case of Indonesia 发展中国家通过立法改革提高立法质量:以印度尼西亚为例

IF 4

Theory and Practice of Legislation Pub Date : 2022-06-07 DOI: 10.1080/20508840.2022.2080392

Bagus Hermanto

引用次数: 4

Legislative effectiveness under COVID-19 in Africa: striving against executive branch overreach and underreach during pandemics 2019冠状病毒病下非洲的立法效力:在大流行期间努力防止行政部门越权和越权

IF 4

Theory and Practice of Legislation Pub Date : 2022-05-04 DOI: 10.1080/20508840.2022.2093905

Paul-Sewa Thovoethin, A. Moshood

{"title":"Legislative effectiveness under COVID-19 in Africa: striving against executive branch overreach and underreach during pandemics","authors":"Paul-Sewa Thovoethin, A. Moshood","doi":"10.1080/20508840.2022.2093905","DOIUrl":"https://doi.org/10.1080/20508840.2022.2093905","url":null,"abstract":"ABSTRACT Legislatures across the world fulfil core functions of representation, law-making, and oversight. Thus, governance goals of participation, transparency and accountability are directly related to these three functions. However, the COVID-19 crisis which started in China in late 2019 and spread to other countries in the world in 2020 disrupted these core functions by forcing the shut-down of parliaments out of concern for the safety of their members and the public in most countries in the world. As experienced in most countries during the COVID-19 crisis, legislatures in some instances were bypassed as presidents and prime ministers prioritise a rapid response. Further, there were conflicts in the manner in which responses were made to address the pandemic between the central government and sub-national governments, especially in federal states. Invariably, legislatures in most countries were marginalised, with greater power concentrated in the hands of the executive, especially at the central level of government. Paradoxically, even where a situation is so urgent that normal checks and balances must be suspended in favour of efficient decision-making, it is still crucial that parliaments play the roles of oversight that make democratic systems ultimately more durable, more effective and more just than any of the alternatives. The purpose of this work, therefore, is to examine how parliaments in Nigeria, South Africa and Ethiopia performed their core functions during the COVID-19 pandemic. It offers what parliaments under federal and parliamentary systems can do in order to prepare them to function effectively during an emergency. While it is to be hoped that a similar global crisis will not emerge in the near future or ever, the paper intends preparing legislatures in Africa to be more proactive and effective in dealing with diverse future challenges.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":4.0,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45429037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Cameroon: parliamentary (un)scrutiny amid multiple crises 喀麦隆:多重危机中的议会(联合国)审查

IF 4

Theory and Practice of Legislation Pub Date : 2022-05-04 DOI: 10.1080/20508840.2022.2093495

Numvi Gwaibi

{"title":"Cameroon: parliamentary (un)scrutiny amid multiple crises","authors":"Numvi Gwaibi","doi":"10.1080/20508840.2022.2093495","DOIUrl":"https://doi.org/10.1080/20508840.2022.2093495","url":null,"abstract":"ABSTRACT Cameroon’s parliament is constitutionally mandated to perform multiple functions, including the power to make laws. Like most legislatures, parliament is also empowered to perform familiar representative functions during the unfamiliar abnormal context of a crisis. However, parliament’s competence in the legislative domain is severely restricted by the President, who is neither accountable to the Prime Minister nor the legislature. The executive further dominates the legislative agenda by controlling the admissibility criteria of bills in parliament, which gives pride of place to that introduced by the President. Following the outbreak of the Covid-19 pandemic, the government, in line with WHO recommendations, developed a response plan and also rolled out a solidarity fund of One billion francs CFA. Following persistent allegations of mismanagement of Covid-19 funds, and the leaking of an audit report that alleged massive embezzlement of public funds, Cameroon’s parliament summoned the Minister of Finance to account for the financial misappropriations. However, 24 hours to the session dedicated for this exercise, the item disappeared from the agenda. This paper utilises primary and secondary data, legal and judicial texts, among others, to document how Cameroon’s parliament has responded to the multiple crises that have impacted the country over the past decades.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":4.0,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43671950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

African legislatures in social emergencies: challenges and outcomes 社会紧急情况下的非洲立法机构:挑战和结果

IF 4

Theory and Practice of Legislation Pub Date : 2022-05-04 DOI: 10.1080/20508840.2022.2107825

Adewale V Aderemi, O. Akanji

引用次数: 1