Theory and Practice of Legislation最新文献_第8页

Governing in a pandemic: from parliamentary sovereignty to autocratic technocracy 大流行时期的治理:从议会主权到专制的技术官僚

IF 4

Theory and Practice of Legislation Pub Date : 2020-05-03 DOI: 10.1080/20508840.2020.1796047

E. Windholz

{"title":"Governing in a pandemic: from parliamentary sovereignty to autocratic technocracy","authors":"E. Windholz","doi":"10.1080/20508840.2020.1796047","DOIUrl":"https://doi.org/10.1080/20508840.2020.1796047","url":null,"abstract":"ABSTRACT Emergencies require governments to govern differently. In Australia, the changes wrought by the COVID-19 pandemic have been profound. The role of lawmaker has been assumed by the executive exercising broad emergency powers. Parliaments, and the debate and scrutiny they provide, have been marginalised. The COVID-19 response also has seen the medical-scientific expert metamorphose from decision-making input into decision-maker. Extensive legislative and executive decision-making authority has been delegated to them – directly in some jurisdictions; indirectly in others. Severe restrictions on an individual's freedom of movement, association and to earn a livelihood have been declared by them, or on their advice. Employing the analytical lens of regulatory legitimacy, this article examines and seeks to understand this shift from parliamentary sovereignty to autocratic technocracy. How has it occurred? Why has it occurred? What have been the consequences and risks of vesting significant legislative and executive power in the hands of medical-scientific experts; what might be its implications? The article concludes by distilling insights to inform the future design and deployment of public health emergency powers.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":4.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2020.1796047","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44847676","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: 17

Foreword for special issue on legislatures in the time of Covid-19 新冠肺炎时期立法机关特刊前言

IF 4

Theory and Practice of Legislation Pub Date : 2020-05-03 DOI: 10.1080/20508840.2020.1818168

Tom Ginsburg

引用次数: 3

Incentivising employment during the COVID-19 pandemic 在COVID-19大流行期间鼓励就业

IF 4

Theory and Practice of Legislation Pub Date : 2020-04-16 DOI: 10.2139/ssrn.3573176

P. Lord

{"title":"Incentivising employment during the COVID-19 pandemic","authors":"P. Lord","doi":"10.2139/ssrn.3573176","DOIUrl":"https://doi.org/10.2139/ssrn.3573176","url":null,"abstract":"ABSTRACT This article considers government responses to unemployment caused by the COVID-19 pandemic. It analyses the two main legislative responses adopted by North American governments: a broadening of access to (un)employment insurance (EI) and the adoption of payroll subsidies for companies. It comparatively and critically assesses these two solutions, to eventually propose an alternative plan. Under this plan, access to EI would be broadened to cover those not traditionally covered by it, such as self-employed workers, contract workers, and those caring for a family member sick from COVID-19 or for a child who is at home due to school and day-care closures. Unemployed workers who have traditionally paid into the EI system would be rewarded through a tax credit. To avoid incentivising temporary layoffs, a payroll subsidy would be adopted. The subsidy would make it as attractive to keep workers on payroll as to lay them off so they can benefit from EI. It would also provide a more faithful picture of unemployment rates during the crisis. The plan would also address broader concerns regarding the unsustainability of public spending during the crisis by limiting access to both temporary layoffs and the payroll subsidy. Large and profitable companies, as well as companies with high revenue or cash reserves, would not be able to temporarily lay their employees off during the crisis or benefit from the subsidy. For companies that face liquidity issues yet are not eligible for the subsidy, short-term, interest-bearing emergency loans would be available.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":4.0,"publicationDate":"2020-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45792410","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: 24

Policymaking in the United States: constraining a runaway executive branch 美国的政策制定:约束失控的行政部门

IF 4

Theory and Practice of Legislation Pub Date : 2019-09-02 DOI: 10.1080/20508840.2020.1730098

Shany Winder

引用次数: 1

Considering a duty to delegate in designing regulatory legislation 在设计监管立法时考虑委托的责任

IF 4

Theory and Practice of Legislation Pub Date : 2019-09-02 DOI: 10.1080/20508840.2020.1730103

Asaf Wiener, Elad Man

引用次数: 2

Parliamentary arbitrage and the case for regulatory policy in parliament 议会套利和议会监管政策的案例

IF 4

Theory and Practice of Legislation Pub Date : 2019-09-02 DOI: 10.1080/20508840.2020.1730096

Guy Mor, A. Jasper

引用次数: 1

Legislation and regulation: three analytical distinctions 立法与法规:三个分析区别

IF 4

Theory and Practice of Legislation Pub Date : 2019-09-02 DOI: 10.1080/20508840.2019.1736369

Nir Kosti, D. Levi‐Faur, Guy Mor

引用次数: 13

Statutory delegation, agency authority, and the asymmetry of impact analysis 法定委托、代理权和影响分析的不对称性

IF 4

Theory and Practice of Legislation Pub Date : 2019-09-02 DOI: 10.1080/20508840.2020.1730097

J. Ellig, Michael Horney

引用次数: 3

Beyond legislation: reconsidering the locus of power in EU regulatory governance 立法之外:重新考虑欧盟监管治理中的权力轨迹

IF 4

Theory and Practice of Legislation Pub Date : 2019-09-02 DOI: 10.1080/20508840.2020.1730102

S. Eckert

引用次数: 1

Your income is too high, your income is too low: discretion in labour migration law and policy in the Netherlands and Macau 你的收入太高，你的收入太低:荷兰和澳门劳工移民法律和政策的自由裁量权

IF 4

Theory and Practice of Legislation Pub Date : 2019-05-04 DOI: 10.1080/20508840.2020.1729559

Tesseltje de Lange, Pedro de Sena

引用次数: 3