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Comparative Law in Legislative Drafting

The Increasing Importance of Dialogue amongst Parliaments

Comparative Law in Legislative Drafting
  • Year of publication 2014
  • 288 pages
Editor:Nicola Lupo and Lucia Scaffardi
Categories: Law Comparative Law / Conflict of Laws
Law Constitutional Law and Human Rights
Icon_printbook 978‐94‐6236‐118‐8 | hardcover | 1st edition | € 82,00 / $ 123,00 / £ 75,50
Icon_ebook 978‐94‐6274‐013‐6 | ebook | € 79,99 / $ 119,99 / £ 73,59

This volume examines whether contemporary parliaments use foreign and comparative law in the legislative process. The research reports covered in this book apply the same methodological approach, focusing on the information apparatus available to the legislators and on the rules and practices that regulate the drafting and approval of bills. Subsequently, it examines several examples of recent legislation in which foreign law has been taken into consideration: in an explicit or implicit way, in order to be accepted or refused, according to a mere instrumental aim or following a rigorous comparative methodology.

Contributions are from experts in the field covering the following jurisdictions: the UK, USA, Canada, Australia, European Union, Israel, Italy, Spain, Romania, South Africa, Portugal, Brazil, Namibia and China. They give valuable insights into how legal transplantation and synthesis take place and whether it is a coherent and valuable practice.

Target group

This publication is meant for everyone interested in the subject of legal transplants.

Author's information

Nicola Lupo is a professor at the Luiss Guido Carli University, Rome.

Lucia Scaffardi is a professor at the University of Parma.