Time, Law, and Change: An Interdisciplinary Study

Description

Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, and the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law as such and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-pace technological change and the lawmaking or regulation of innovations. Acknowledgements Table Of Contents List of Contributors Introduction I. How Time Shapes Law and Regulation II. Time and Law: From Reaction to Prediction III. A Roadmap to the Book PART I. HISTORICAL, COMPARATIVE AND THEORETICAL
PERSPECTIVES ON LAW AND TIME 1. Interpretation and the Legal Fabrication of Time I. The Collapse of Social Space and Social Time in Constitutional Moments II. The Representation of Corporate Perpetuity as a Premise of Historical Time III. Time and Transcendence IV. The Affirmation of Work and Action V. Architecture, Art and Time VI. Interpretation and Constituent Power VII. The End of Time and Interpretation 2. Time and the Law: The US Constitutional Experience I. Time and the Law' and the US Constitution II. Popular Sovereignty III. The 27th Amendment IV. 'Time and the Law' and the Scholarship of Professor Bruce Ackerman V. 'Time and the Law' and Originalism VI. Living Constitutionalism VII. Precedent and 'Time and the Law' VIII. 'Time and the Law' in the US Congress IX. Conclusion 3. Time and Change in Constitutional Amendment I. Introduction II. Time and Change in Constitutional States III. Two Models of Constitutional Consensus: Canada and the United States IV. Designing Temporal Limitations V. Conclusion 4. Night Laws: How Nightfall Shapes Regulation I. Introduction: Night and Law – What is the Connection? II. Regulating Time, Regulating the Night III. Regulating the Dark IV. Re-Regulating the Night? PART II. COURTS AND TIME 5. Law and Time in Two Dimensions: Legitimate Expectations in the Case Law of the Court of Justice of the European Union I. Introduction II. Law and Time in Two Dimensions III. The Concept of 'Legitimate Expectations' at the Intersection of Two Dimensions of Time IV. The Concept of Legitimate Expectation in the Case Law of the CJEU V. Conclusion 6. The Timing of Judicial Review of Constitutional Amendments – Towards a 'Time Sensitivity Test' Following the Moldovan Constitutional Court's Decision on the Modality of Electing the President I. Introduction II. Background III. The Case before the Constitutional Court IV. General Comments V. The Time Perspective as Context VI. Conclusion 7. The Effect of Specialised Courts over Time I. Introduction II. Historical Background III. The Israeli Case IV. Empirical Analysis V. Conclusion PART III. LEGISLATORS AND TIME 8. Temporary Legislation as a Mechanism for Reaching Consensus. A Critical Analysis in the Absence of Ex Post Evaluation I. Introduction II. The Main Features of Sunset Clauses and the Use of Temporary Legislation as a Tool to Reach Consensus III. The Italian Decreto-legge – A Provisional Emergency Decree which is Used Routinely Nowadays IV. The Use of the Provisional Decreto-legge as a Tool to Reach Consensus V. Time Issues Regarding the Decreto-legge, its Negative Outcomes from the Perspective of the Quality of Legislation, the (Partial) Solutions Given by the Corte costituzionale and the Inevitable Lack of an Ex Post Evaluation VI. Conclusion 9. Sunset Clauses: A Contribution to Legislative Quality I. Hypothesis and Method II. Sunset Clauses: A Legislative Exploration III. Sunset Clauses as Contributors to Legislative Effectiveness IV. Sunset Clauses as Guardians of Legislative Quality V. Conclusions 10. The Legisprudential and Political Functions of Temporary Legislation I. Introduction II. Methodology III. Legisprudential Functions of Temporary Legislation IV. Political Uses of Temporary Legislation V. Discussion: Appropriate Uses of Temporary Legislation VI. Conclusion 11. Speeding Up the Legislative Process: To What End and at What Cost? I. Do We Need to Speed Up the Legislative Process? II. Modern Society, Traditional Government and Legislative Processes III. Studying Legislative Performance IV. Highlights of the Study – Bird's Eye View V. Speeding Up, or Rushing to Results? By Way of Conclusion 12. Legal Schizophrenia: Rethinking the Dichotomy in Distinguishing between Retroactive Criminal and Civil Legislation I. Introduction II. The Worldwide Distinction between Retroactive Criminal and Civil Legislation III. Theoretical Analysis of the Fundamental Considerations against Retroactive Legislation IV. Theoretical Analysis of the Fundamental Considerations at the Core of the Distinction between Criminal and Civil Law V. Conclusion PART IV
TECHNOLOGY AND TIME 13. Disruptive Innovation and Sunset Clauses: The Case of Uber and other On-Demand Transportation Networks I. Introduction II. Disruptive Innovation and Ride-Hailing Apps III. Deregulation via Sunset Clauses IV. Conclusions 14. Law and Technology in the Dimension of Time I. Introduction II. Socio-Technical and Legal Change and the Dimension of Time III. Design-Based Regulation in the Dimensions of Law and Time IV. Self-Driving Cars and the Complexity of Regulation over Time V. Conclusion 15. Back to the Future: Waves of Legal Scholarship on Artificial Intelligence I. Time and Technology: The Rise of Artificial Intelligence as a Topic of Legal Inquiry II. Topics of Legal Research on Artificial Intelligence III. Time and Research: Questions for the Legal Community IV. Conclusion 16. Future-Proofing Legislation for the Digital Age I. Introduction II. Future-Proofing: Interdisciplinary Analysis III. Future-Proofing Law IV. A Framework V. Conclusion Concluding Remarks: Time, Law and Change: It Takes Three to Tango I. Introduction II. Change: A Matter of Urgency? III. Differentiation in Time Pressure IV. Delayed Drop Effect V. Speeding Up the Legislative Process VI. Democratic Legitimacy Deficit VII. Our Time Asks for Innovation VIII. Experimental Legislation: Three Caveats IX. Final Remark Index