This article considers the question how knowledge of an impending ecological catastrophe is likely to impact on regulatory legitimacy and regulatory effectiveness. If the ultimate aim to safeguard meaningful human life on earth is in acute danger, this is likely to translate into zero tolerance towards non-compliance with environmental rules designed to avert catastrophe. This, in turn, will persuade regulators to employ normative technologies that do not engage with the moral reason of regulatees at all, but leave no option but to comply. In addition, regulators may turn to panoptic surveillance techniques that allow no breaches of rules to remain undetected. Finally, it is argued that if and to the extent that impending ecological catastrophe marks the end of maintaining the status quo as a plausible policy goal, regulators will be more sympathetic towards potentially apocalyptic technologies that carry greater promise for future gain than otherwise would be the case. |
Search result: 43 articles
Year 2011 xArticle |
RECENT LEGAL DEVELOPMENTS OF GNSS IN EUROPE |
Journal | International Institute of Space Law, Issue 5 2011 |
Authors | Marco Ferrazzani |
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Article |
THE EU SPACE COMPETENCE AS PER THE TREATY OF LISBON: SEA CHANGE OR EMPTY SHELL? |
Journal | International Institute of Space Law, Issue 5 2011 |
Authors | Frans G. von der Dunk |
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Article |
THE GALILEO PROCUREMENT FRAMEWORK |
Journal | International Institute of Space Law, Issue 5 2011 |
Authors | Lydia Boureghda |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2011 |
Keywords | ecological catastrophe, regulatory legitimacy, regulatory effectiveness, geo-engineering |
Authors | Han Somsen |
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Journal | Erasmus Law Review, Issue 2 2011 |
Authors | Daniel D. Bradlow and Megan S. Chapman |
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THE DIGITAL DIVIDE AND SPACE ACTIVITIES IN THE SOUTHERN HEMISPHERE(S): A General Overview of Africa and South America |
Journal | International Institute of Space Law, Issue 3 2011 |
Authors | Sylvia Ospina JD. LL.M |
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SPACE RELATED DATA: FROM JUSTICE TO DEVELOPMENT |
Journal | International Institute of Space Law, Issue 3 2011 |
Authors | Dr. Annette Froehlich LL.M, MAS |
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Article |
International Regularity Body, a Key to Space Tourism Success |
Journal | International Institute of Space Law, Issue 2 2011 |
Authors | Ali Akbar Golroo and Professor Mohsen Bahrami |
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The Sub-Orbital Private Space Flights May Require a Law Suit to Escape Benefit Sharing |
Journal | International Institute of Space Law, Issue 2 2011 |
Authors | Declan J. O'Donnell Esq., Pres. and J.J. Hurtak Ph.D |
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LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS UNDER INTERNATIONAL AND NATIONAL LAW |
Journal | International Institute of Space Law, Issue 2 2011 |
Authors | Paul Stephen Dempsey |
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From Uneasy Compromises to Democratic PartnershipThe Prospects of Central European Constitutionalism |
Journal | European Journal of Law Reform, Issue 1 2011 |
Keywords | Central Europe, parliamentarism, freedom of religion, Roma people, discrimination |
Authors | Gábor Attila Tóth |
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The Central European constitutional democracies were created by the political and constitutional transition of 1989. However, twenty years later, in the light of antidemocratic, authoritarian and intolerant tendencies, it is far from clear whether the negotiated revolution is a story of success or failure. This paper first outlines the constitutional background of revolutionary transition. It shows that the achieved structures and rules do not prevent political communities from realizing the full promise of democracy. Second, this analysis attempts to explore how the century-old historical circumstances, the social environment, and the commonly failed practice of constitutional institutions interact. This section focuses on the constitutional features of presidential aspirations, the privileges of churches and certain ethnic tensions. Finally, the paper argues that the chances of success of liberal democracies depend significantly on extraconstitutional factors. It seems that Hungary is in a more depressing and dangerous period of its history than for example Poland. |
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Methods and Materials in Constitutional LawSome Thoughts on Access to Government Information as a Problem for Constitutional Theory and Socio-Legal Studies |
Journal | European Journal of Law Reform, Issue 1 2011 |
Keywords | Citizenship, democracy, government information, representative government, secrecy |
Authors | Barry Sullivan |
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To be subject to law, Hobbes argued, is to be deprived of liberty, as we understand it. In this respect, democratic governments are no different from others. Hobbes’s insight has not caused us to abandon our commitments to democracy, but it still challenges us to think hard about the nature of representative government, the nature of citizenship in a democratic society, and the conditions necessary for fulfilling the promise of democratic citizenship. Two recent trends are evident. Some citizens have embraced a more active sense of citizenship, which necessarily entails a more insistent need for information, while governments have insisted on the need for greater concentration of governmental power and a higher degree of secrecy. Much is to be learned from the approaches that various national and transnational regimes have taken with respect to this problem. This essay will consider the problem of access to government information from a comparative perspective and as a problem for constitutional theory and socio-legal studies. |
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In the Judicial Steps of Bolívar and Morazán?Supranational Court Conversations Between Europe and Latin America |
Journal | European Journal of Law Reform, Issue 1 2011 |
Keywords | courts, dialogue, integration, regionalism, case-law |
Authors | Allan F. Tatham |
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This paper explores the issues of judicial dialogue and constitutional migrations between the European Court of Justice (‘ECJ’) and Latin American regional courts. It considers the impact of the ECJ’s ‘constitutional’ case-law regarding supremacy and direct effect on the decisions of the Central American Court of Justice (‘CCJ’) and the Court of Justice of the Andean Community (‘ACCJ’). The study proceeds from a brief exposition of the legal aspects of the EU model of integration, before moving to identify the main factors which led to the selection of Latin American courts and to outline the background to integration in the two sub-regions. In addressing the CCJ and ACCJ, a short history and sketch of their jurisdiction is given before examining the impact of the migration of the integrationist activism of the ECJ on these regional judicial institutions. |
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Comparative Aspects on ConstitutionsTheory and Practice |
Journal | European Journal of Law Reform, Issue 1 2011 |
Keywords | Constitutions, EU legal order, EU member states, EU enlargement |
Authors | Alfred E. Kellermann |
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This paper will investigate for the influence of international legal developments on the drafting and implementation of constitutions, especially the impact of the European Union on the texts of the national constitutions of the EU Member States and its acceding countries. |
Article |
The European Law from Grundnorm towards the CathedralConstitutional Features of a Complex Legal System |
Journal | European Journal of Law Reform, Issue 1 2011 |
Keywords | economic analysis of legal remedies, state liability for breach of the EU law, judicial dialogue in the EU, self-referring legal rules, efficiency of the EU law |
Authors | Mariusz Jerzy Golecki |
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Many hopes of the adherents of constitutional reform in the EU remained in vain after the enactment of the Lisbon Treaty. Meanwhile the creeping constitutionalisation of the EU law leads to the empowerment of the UE quasi constitutional court – the Court of Justice of the European Union. This kind of constitutionalism is albeit firmly grounded on judicial cross-border cooperation. The main purpose of this paper is to address the question of whether and how the concept of judicial control based on transactional framework developed in law and economics could effectively supplement if not substitute the notion of constitutional democratic legitimacy. In order to demonstrate that it is logically possible and institutionally feasible to build a system based on circularity, self-referentiality and privatization of legal remedies, the paper contains the economic analysis of the recent development of the EU law which at least partially takes this direction. |
Article |
Sir William Dale Annual Memorial LectureGender-Neutral Law Drafting: The Challenge of Translating Policy into Legislation |
Journal | European Journal of Law Reform, Issue 2 2011 |
Keywords | legislation, policy, gender-neutral law drafting, New Zealand |
Authors | Margaret Wilson |
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For legislation to be inclusive it must be expressed in a way that is gender-neutral. Gender-neutral drafting became a policy issue in New Zealand in the 1980s and since that time gender-neutral drafting has become an accepted drafting practice. The issue has been to ensure previous legislation is gender-neutral. The Legislation Bill that is before the Parliament provides for legislation already enacted to be reviewed to remove gendered language. The main lesson to be learnt from the New Zealand experience is the need for political and bureaucratic commitment to gender-neutral drafting. |
Article |
Instructions to Draft LegislationA Study on the Legislative Drafting Process in Malaysia |
Journal | European Journal of Law Reform, Issue 2 2011 |
Keywords | legislative drafting process, role of instructing officer and drafter |
Authors | Rozmizan Muhamad |
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The importance of legislation is beyond any dispute. Legislation governed us perhaps even before our birth, certainly during our life and until our death. Even after our death there is still the Estate Duty Act to worry about, although of course the burden passes on to our executors or administrators. But day after day, many more new laws have been proposed and many existing laws have been revised and amended for various reasons and motives. The need for legislation has never diminished but continues to increase. Governments need legislation to govern, by which they achieve their political objectives and public policies. In other words, legislation is needed to affect changes in the law, to interfere with vested rights and interests, and to impose taxes, duties, excise and imposts. Such need originates from one or more of a great many sources such as a commission of inquiry, politicians, a particular pressure group or the public as a whole and also a reaction to social situations which seemingly develop independently or deliberately |
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Judicial ReviewAn Essential Tool for Curbing the Excesses and Abuse of Executive Action in Sierra Leone |
Journal | European Journal of Law Reform, Issue 2 2011 |
Keywords | delegated legislation, administrative law, judicial review |
Authors | Kadija Kabba |
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This essay examines judicial review in executive/administrative action as an essential tool for curbing the excesses and abuse of delegated legislative powers in Sierra Leone based on the valid assumption that there is a system of administrative law due to a developed system of judicial review in Sierra Leone. To examine and establish the facts, focus is laid on judicial review of administrative/ executive action and not on judicial review of primary legislation.This article first and foremost tried to establish that, the practice of delegated legislation from which judicial review ensues is a necessity in any given democratic society.This piece of work in trying to establish its facts, put forward arguments by scholars and writers in support and against the use of judicial review as an essential tool to curb the abuse and excesses of executive’s action. This is juxtaposed in conjunction with cases laws from Sierra Leone dealing with judicial review.The irrefutable fact this article tried to illustrate is that judicial review is important in any society in curtailing the excesses and abuse of executive actions. |