确定立法意义和效力的模式

IF 1.5 Q1 LAW
Osnat Akirav
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引用次数: 2

摘要

摘要我们如何确定法律是否重要和有效?为了回答这个问题,我使用了焦点小组的数据以及法律和报纸文章的内容分析,创建了一个模型来评估这两个因素。在该模型中,衡量了具有立法意义的三个组成部分:法律的本质、范围和实用性。该模型还通过衡量其他三个组成部分来评估立法效力:公众对该问题的认识、立法者的意图与法律实施之间的差距以及差距的存在性。在本研究中,有效性是指实现立法目标,并在立法颁布之日后几年进行衡量。重要性和有效性不是单独的概念。它们在时间线上相连。立法的第一步是了解它是否重要,这导致了第二步——确定它是否有效。我使用1987年(最低工资法)、1998年(禁止性骚扰法)和2007年(禁止在公共场所吸烟以防止接触二手烟的规定)的三项以色列法律测试了该模型。结果表明,该模型是确定法律是否重要和有效的有用工具。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A model for determining legislative significance and effectiveness
ABSTRACT How do we determine whether laws are significant and effective? To answer this question, I used data from focus groups and content analysis of laws and newspaper articles to create a model to assess these two factors. In this model, three components of legislative significance are measured: the essence, extent and practicality of the law. The model also assesses legislative effectiveness by measuring three other components: public awareness about the issue, the gap between the intentions of the legislators and the implementation of the law, and the existentiality of the gap. In this study, effectiveness refers to achieving the goal of the legislation and is measured several years past after the date it was enacted. Significance and effectiveness are not separate concepts. They are connected on a time line. The first step in legislation is to understand whether it is significant, which leads to the second step – determining whether it is effective. I tested the model using three Israeli laws from 1987 (the minimum wage law), 1998 (the law against sexual harassment) and 2007 (the provision that outlawed smoking in public places to prevent exposure to second-hand smoke). The results demonstrate that the model is a useful tool for determining whether laws are significant and effective.
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来源期刊
CiteScore
4.50
自引率
10.00%
发文量
23
期刊介绍: The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.
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