Full 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, 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 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-paced technological change and the regulation of innovations.
Contents
Introduction
Sofia Ranchordás and Yaniv Roznai
PART I
HISTORICAL, COMPARATIVE AND THEORETICAL PERSPECTIVES ON LAW AND TIME
1. Interpretation and the Legal Fabrication of Time
Lior Barshack
2. Time and the Law: The US Constitutional Experience
Steven G Calabresi
3. Time and Change in Constitutional Amendment
Richard Albert
4. Night Laws: How Nightfall Shapes Regulation
Guy I Seidman
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
Patricia Popelier
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
Zoltán Pozsár-Szentmiklósy and Yaniv Roznai
7. The Effect of Specialised Courts over Time
Yifat Aran and Moran Ofir
PART III
LEGISLATORS AND TIME
8. Temporary Legislation as a Mechanism for Reaching Consensus. A Critical Analysis in the Absence of Ex Post Evaluation
Enrico Albanesi
9. Sunset Clauses: A Contribution to Legislative Quality
Helen Xanthaki
10. The Legisprudential and Political Functions of Temporary Legislation
Ittai Bar-Siman-Tov and Gaya Harari-Heit
11. Speeding Up the Legislative Process: To What End and at What Cost?
Wim Voermans
12. Legal Schizophrenia: Rethinking the Dichotomy in Distinguishing between Retroactive Criminal and Civil Legislation
Yaniv Roznai
PART IV
TECHNOLOGY AND TIME
13. Disruptive Innovation and Sunset Clauses: The Case of Uber and other On-Demand Transportation Networks
Antonios Kouroutakis
14. Law and Technology in the Dimension of Time
Lyria Bennett Moses and Monika Zalnieriute
15. Back to the Future: Waves of Legal Scholarship on Artificial Intelligence
Catalina Goanta, Gijs van Dijck and Gerasimos Spanakis
16. Future-Proofing Legislation for the Digital Age
Sofia Ranchordás and Mattis van't Schip
Concluding Remarks: Time, Law and Change: It Takes Three to Tango
Luc Verhey
