Title The constitutional value of sunset clauses : an historical and normative analysis / Antonios Emmanouil Kouroutakis.
Imprint Lonon ; New York : Routledge, Taylor & Francis Group, 2017. Description xxiv, 188 pages ; 26 cm Formatted Contents NotePart I. Positive analysis of sunset clauses. Definition, taxonomy and origin of sunset clauses
Part II. Historical overview of sunset clauses. Sunset clauses as an expression of legislative power in medieval England
Sunset clauses in a period of transition
Sunset clauses in the era of parliamentary sovereignty
Part III. Institutional effect of sunset clauses. Sunset clauses and separation of powers
Parliamentary sovereignty, constitutional dialogues and sunset clauses
Part IV. Rule of law and sunset clauses
Sunset clauses and formal rule of law
Sunset clauses an substantive rule of law.
Summary "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."-- Back cover.
Note Based on the author's doctoral thesis, Oxford University, 2014. Bibliography, etc. Note Includes bibliographical references (pages 172-182) and index. Location STA Call Number K284 .K68 2017 Language EnglishISBN 9781472486448 (hardback)
1472486447 (hardback)
9781315454337 (ebook)
9781315454313 (epub)
9781315454306 (mobipocket/kindle)