Relevant bibliographies by topics / Lawmaking norms

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  2. Dissertations / Theses
  3. Books
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  5. Conference papers

Academic literature on the topic 'Lawmaking norms'

Author: Grafiati
Published: 28 May 2022
Last updated: 30 July 2025

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Journal articles on the topic "Lawmaking norms"

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Sychev, Vitalii B. "Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (2021): 223–31. http://dx.doi.org/10.18500/1994-2540-2021-21-2-223-231.

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Introduction. The judicial constitutional review authorities ensure the supremacy and direct application of the constitutions. They also participates in lawmaking activities. Constitutional review authorities can participate in lawmaking activities directly or circumstantially. There are two kinds of the direct participation of such authorities in lawmaking activities: legislative initiative and participation in lawmaking activities in connection with the implementation of the constitutional review. The methodology of research is based on general scientific and special legal research methods.
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Tarakhonych, Tetyana. "Legal Formation and Lawmaking: Conceptual Foundations." Yearly journal of scientific articles “Pravova derzhava”, no. 35 (September 1, 2024): 140–48. https://doi.org/10.33663/0869-2491-2024-35-140-148.

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The article underscores the weighty role of legal doctrine, lawmaking, and the mechanisms of legal formation within legal science and legal doctrine specifically. A thorough exploration and a scholarly approach to these issues not only allow for the examination of these legal categories from formal juridical perspectives but also for the optimization of these types of legal activities. Scientific approaches to understanding the category of lawmaking are characterized, providing a framework to defi ne lawmaking as a distinct type of legal activity carried out by relevant entities with the aim o
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Momot, Yuriy. "Judicial lawmaking: a conceptual exploration." Visegrad Journal on Human Rights, no. 1 (May 6, 2024): 64–69. http://dx.doi.org/10.61345/1339-7915.2024.1.10.

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The work aims to analyse the role of judicial lawmaking in the legal system of Ukraine and its impact on legal development. The study examines the extent of judicial authority in creating new legal norms, especially in comparison to the legislative branch. The methodological basis of the study includes a comprehensive review of relevant legal literature, an analysis of Ukrainian legal provisions related to judicial lawmaking, and an examination of judicial decisions that have contributed to legal development. The results of the study underscore the nuanced role of Ukraine’s courts in the legal
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Ajimuratovich, Utemuratov Makhmut. "LAWMAKING – A COMPLEX PROCESS OF CREATING LAW." International Journal Of Law And Criminology 03, no. 02 (2023): 20–23. http://dx.doi.org/10.37547/ijlc/volume03issue02-04.

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The article examines the question of the theoretical and legal views of well-known legal scholars on the concept and content of law-making. It also talks about issues related to the role of legal creativity as a form of state activity aimed at creating legal norms, their future improvement, transformation or abolition.
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Tarakhonych, T. I. "Legislative Process: Essential Characteristics, Influencing Factors." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 361–65. http://dx.doi.org/10.33663/2524-017x-2023-14-361-365.

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In this paper, the author analyzes various approaches to understanding the legislative process, its interrelation with related categories such as lawmaking and legislative processes. It is emphasized that the use of the term «legislative process» indicates the presence of an intellectual component in the corresponding subjects’ activities, while referring to the «lawmaking process» gives preference to the official and governmental aspect of this process. The peculiarities of the legislative process are identified, namely: it is a type of lawmaking activity, characterized by a phased implementa
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Melnyk, Alina. "Judicial practice and judicial precedent as factors of lawmaking activities." Yearly journal of scientific articles “Pravova derzhava”, no. 35 (September 1, 2024): 859–68. https://doi.org/10.33663/0869-2491-2024-35-859-868.

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At the current stage of Ukraine’s legal system development, scholars and practitioners increasingly acknowledge the existence of judicial precedent within the Ukrainian judicial system, created during the process of «judicial lawmaking». Interest in exploring this form of judicial activity is growing, as evidenced by a significant number of scientific works by Ukrainian scholars. However, there is no consensus. The article analyzes the legal nature and main features of the concepts of «lawmaking» and «judicial lawmaking» at both the legislative and theoretical levels. The role of judicial prac
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Ershov, V. V. "“Judicial Lawmaking”: pro et contra." Pravosudie / Justice 2, no. 2 (2020): 7–28. http://dx.doi.org/10.37399/issn2686-9241.2020.2.7-28.

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Introduction. As a result of the application in scientific research of descriptive and objectiveteleological methods of studying legal phenomena, a number of foreign and Russian scientists often describe only truly objectively existing legal phenomena, including “judicial lawmaking”. Theoretical Basis. Methods. From the position of scientifically grounded concept of integrative legal understanding, according to which the system of law first of all synthesizes only the principles and norms of law contained in a single, multi-level and developing system of forms of national and international law
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Ershov, V. V. "“Judicial Lawmaking”: pro et contra." Pravosudie / Justice 2, no. 2 (2020): 7–28. http://dx.doi.org/10.37399/issn2686-9241.2020.2.7-28.

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Introduction. As a result of the application in scientific research of descriptive and objectiveteleological methods of studying legal phenomena, a number of foreign and Russian scientists often describe only truly objectively existing legal phenomena, including “judicial lawmaking”. Theoretical Basis. Methods. From the position of scientifically grounded concept of integrative legal understanding, according to which the system of law first of all synthesizes only the principles and norms of law contained in a single, multi-level and developing system of forms of national and international law
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Birkenkötter, Hannah. "“What the Secretariat Makes It”: United Nations Civil Servants between Administrative Function and Contemporary International Lawmaking." International Organizations Law Review 20, no. 3 (2023): 426–56. http://dx.doi.org/10.1163/15723747-20030007.

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Abstract As the only international organization that aspires to be unviersal both in terms of its membership as well as in terms of the policy fields in which it intervenes, the United Nations (UN) occupies a unique position in international lawmaking. Focusing on the UN’s political and judicial or quasi-judicial organs does not, however, fully capture the organization’s lawmaking activities. Instead, much of the UN’s impact on international law today can be traced back to its civil servants. In this paper, I argue that international lawmaking today is best understood as processual and fluid,
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Tarakhonych, T. I. "Concept of Lawmaking Process in the context of the Legal Doctrine." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 152–63. http://dx.doi.org/10.33663/1563-3349-2022-33-152-163.

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The article emphasizes that the legal doctrine in general and the doctrine of lawmaking in particular have an important place and role both in general theoretical science and in the practical sphere. The research characterizes the key scientifi c approaches to legal doctrine, more attention is focused on the doctrinal understanding of lawmaking and its features. It is noted that the process of forming of the lawmaking doctrine involves the search for new ideas, the nomination of relevant hypotheses, the verifi cation of their truth and reliability by time, the perception of them by the scienti
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Dissertations / Theses on the topic "Lawmaking norms"

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Рябченко, Т. О. "Поняття референдної правотворчості як виду юридичного процесу". Thesis, Сумський державний університет, 2017. http://essuir.sumdu.edu.ua/handle/123456789/66430.

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Референдна правотворчість Українського народу як самостійний вид правотворчої діяльності має свою нормативно визначену процедуру, для позначення сутності та змісту якої доцільним вважаємо вживання терміна «референдний правотворчий процес». На сьогодні не існує єдиної позиції щодо змісту процесу здійснення референдної правотворчості в Україні, що обумовлюється відсутністю фундаментальних досліджень зазначеного питання у вітчизняній юридичній науці. Не склалося єдиного підходу і щодо визначення поняття процедури референдуму, яку розглядають як «референдний процес», «референдумний процес»,
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Books on the topic "Lawmaking norms"

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Malahov, Sergey. Systemic relations of the norms of the legislation on administrative offenses of the Russian Federation. INFRA-M Academic Publishing LLC., 2025. https://doi.org/10.12737/2141100.

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Based on a systematic approach, the monograph examines the links between the norms of legislation on administrative offenses in the Russian Federation. It is assumed that the violation of objectively inherent and necessary links in the system of the current legislation on administrative offenses of the Russian Federation of its constituent norms creates difficulties in practice, entails legal uncertainty, and leads to a violation of the fundamental principles of law. In turn, taking into account the systemic nature of legislation on administrative offenses in lawmaking and law enforcement make
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Romanov, Aleksandr. UK Law and Legal system. INFRA-M Academic Publishing LLC., 2023. http://dx.doi.org/10.12737/1819049.

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The textbook is based on the study of foreign law and the experience of teaching courses of comparative law. The main attention is paid to the peculiarities of the legal system of Great Britain, English law, its sources (forms), the history of English law, its place and role, the organization of the judicial system and the administration of justice. The article highlights the views of English jurists on the concept of "law", types of law enforcement activities, which traditionally include judicial precedents (judicial lawmaking), statutory law (lawmaking), adherence to law, the application of
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Agafonov, Vyacheslav, Sergey Bogolyubov, Liya Vasil'eva, et al. Sources of environmental law. INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1913253.

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The monograph summarizes new relevant materials and topics. The study of the sources (forms) of environmental and natural resource law, legislation on environmental assessment and environmental control (supervision), provisions of land and other codes as forms of law, mechanisms for regulating environmental management, as well as the evolution of sources of law in the field of agriculture.
 The complex nature of environmental law is demonstrated, the constitutional, legislative, and political foundations of environmental development, the unified state environmental policy of the Russian F
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Novak, Gregor. Global Lawmaking and Social Change. Hart Publishing, 2024. https://doi.org/10.5040/9781509968527.

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Customary international law is a widely-recognised modality of international lawmaking. It underpins all norms of international law and shapes all aspects of global society. Yet familiar approaches to customary international law struggle to answer basic questions about its role, operation, and prospects. Pursuing an interdisciplinary approach, this book offers an alternative perspective on customary international law as a dynamic and multifaceted social phenomenon and idea. It explores customary international lawmaking in different social contexts, including the regulation of armed conflict, t
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Achiume, E. Tendayi. The SADC Tribunal. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795582.003.0006.

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This chapter uses the trajectory of the Southern African Development Community (“SADC”) Tribunal to chart sociopolitical constraints on international judicial lawmaking. It studies the SADC Tribunal backlash case, which paved the way for a curtailment of the Tribunal’s authority, stripping the Tribunal of both private access and its jurisdiction over human rights. Showing how jurisprudential engagement with sociopolitical context plays a significant role in explaining the Tribunal's loss of authority, the chapter introduces the concept of sociopolitical dissonance. Sociopolitical dissonance is
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Brunnée, Jutta. International Environmental Law and Community Interests. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0010.

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Strong procedural elements are indispensable for international environmental law’s capacity to serve community interests. Procedural obligations can strengthen the rule concerning the prevention of environmental harm and flesh out its due diligence standard. Procedural obligations can also serve useful purposes when states, or judges, are reluctant to entertain substantive arguments, or find it difficult to establish that environmental harm has been caused. Violations of procedural obligations are more easily established and states can sometimes be prompted to correct harmful conduct or to tak
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Hinkle, Rachael K. Selective Publication in the U.S. Courts of Appeals. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780197770085.001.0001.

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Abstract This book presents a comprehensive, first of its kind, examination of the theoretical and empirical implications of a key institutional practice in a highly influential set of courts. The U.S. Courts of Appeals both formulate legal policy and provide a forum for losing litigants to pursue an appeal. In order to keep up with an increasing number of appeals, yet still provide quality legal analysis, in the 1970s these courts adopted the practice of designating some decisions as unpublished and declaring that such rulings are not binding precedent. Scholars focused on policy and the lawm
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Book chapters on the topic "Lawmaking norms"

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Lindahl, Lars, and David Reidhav. "Conflict of Legal Norms: Definition and Varieties." In Logic in the Theory and Practice of Lawmaking. Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-19575-9_2.

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Navarro, Pablo E., and Jorge L. Rodríguez. "Entailed Norms and the Systematization of Law." In Logic in the Theory and Practice of Lawmaking. Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-19575-9_3.

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Ritchie, Melinda N. "Conclusion." In Backdoor Lawmaking. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780197670484.003.0009.

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Abstract This chapter discusses the implications of the book’s findings for representation and democratic governance. The book assesses the normative tradeoffs posed by the arguments and findings presented in the previous chapters. The book’s findings suggest that individual members of Congress are exploiting the separation of powers by using agency policymaking to make policy changes that would not pass the collective body of Congress. However, given the growth of administrative policymaking and the challenges of gridlock in Congress, inter-branch communication may serve as a remaining me
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Mantilla, Giovanni. "Normative Gatekeeping (1863–1921)." In Lawmaking under Pressure. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501752582.003.0003.

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This chapter demonstrates how the International Committee of the Red Cross (ICRC) faced important hurdles in its early years which threatened its position as a humanitarian broker and locked a certain conservatism inside it. It recounts the history and politics of international debate on the international regulation of armed conflict until 1921. It also discusses proposals regarding humanitarian conduct in internal conflict from 1863 to 1921 and highlights the elements that generate the social pressure that is essential to rule making. The chapter refers to the importance of norm entrepreneurs
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Coman-Kund, Florin, and Corina Andone. "Chapter 8: European Commission’s Soft Law Instruments: In-between Legally Binding and Non-binding Norms." In Lawmaking in Multi-level Settings. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783748900863-173.

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Bodansky, Daniel. "Customary (and Not So Customary) Norms." In The Art and Craft of International Environmental Law, 2nd ed. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780197672365.003.0010.

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Abstract In contrast to treaties, the two generally recognized types of non-treaty norms—customary law and general principles—are not created through formal acts of lawmaking and do not have a canonical form. Chapter 10 explores the processes through which such norms emerge. Although there is limited evidence that international environmental norms are customary in nature, environmental non-treaty norms are emerging, first, in the form of international common law shaped by judicial decisions, and second, as general principles. The chapter also examines whether—and if so, how and why—non-treaty
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Kwall, Roberta Rosenthal. "Lawmaking in the Conservative Movement." In The Oxford Handbook of Jewish Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/oxfordhb/9780197508305.013.23.

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Abstract This chapter outlines the lawmaking structure of Conservative Judaism with a focus on the movement’s Committee on Jewish Law and Standards, the primary body providing lawmaking guidance for Jews worldwide. It illustrates more specifically how Conservative Judaism’s distinct theological and lawmaking approach can impact its legal rulings by examining two representative decisions, both responding to significant changes in the lived reality of Jews. The first decision, issued in 1950, permitted driving to synagogue and a limited use of electricity on Shabbat. The second decision, written
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Mak, Vanessa. "New Legal Pluralism and Transnational Private Law." In Legal Pluralism in European Contract Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198854487.003.0002.

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This chapter makes an analysis of the theoretical foundations of lawmaking in European private law. It shows that they can be traced to transnational and constitutional pluralist theories. The main question is in which respects legal pluralism should replace the monist, state-centred perspective on lawmaking that prevailed in Western Europe since the creation of the Westphalian nation state. It is argued that, even though the state remains the primary locus for lawmaking in private law in the EU, the rise of private regulation and the interaction between courts through judicial dialogues plead
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Reiners, Nina. "Transnational Lawmaking Coalitions as Change Agents in International Law." In The Many Paths of Change in International Law. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198877844.003.0004.

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Abstract This chapter introduces transnational lawmaking coalitions as a path for change in international human rights law. Such coalitions are understood as informal collaborations under a like-minded goal of action, occurring between one or more non-state actors and one or more members of an expert committee, for the purpose of elaborating an interpretation of one (or more) human rights norms. The chapter illustrates the formation and operation of the transnational lawmaking coalition path in two cases of norm development: first, the interpretation of the right to decent working conditions b
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Glasius, Marlies, and Doutje Lettinga. "9. Global Civil Society and Human Rights." In Human Rights: Politics and Practice. Oxford University Press, 2016. http://dx.doi.org/10.1093/hepl/9780198708766.003.0010.

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This chapter examines the relationship between global civil society (GCS), defined as ‘people organizing to influence their world’, and the normative ideal of a ‘global rule-bound society’. It first explains the concept of GCS before discussing some of the GCS actors involved in human rights issues, with a particular focus on their background, methods, and influence. It then decribes three kinds of activities of individuals and organizations in civil society in relation to human rights corresponding to three different phases: shifting norms, making law, and monitoring implementation. These act
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Conference papers on the topic "Lawmaking norms"

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Fedorov, Roman, and Nashaat Nashed. "The people and the problem of legality: theoretical and legal aspect." In Development of legal systems in Russia and foreign countries: problems of theory and practice. Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-275-283.

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The article considers the question of the reality of reflecting the will of the people and their interests in the state legislation, as well as in the process of implementing legal norms. In the light of John Austin’s theory of the legal power of the sovereign’s (people’s) command, the role and place of an individual citizen in the process of lawmaking in a modern constitutional state is analyzed. It is concluded that modeling the sovereignty of the people based on the Austin concept leads to the denial of the distinction between the rule of law and the rule of people.
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