Verschuuren, Jonathan --- "Introduction" [2008] ELECD 303; in van Schooten, Hanneke; Verschuuren, Jonathan (eds), "International Governance and Law" (Edward Elgar Publishing, 2008)

Book Title: International Governance and Law

Editor(s): van Schooten, Hanneke; Verschuuren, Jonathan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207272

Section: Chapter 1

Section Title: Introduction

Author(s): Verschuuren, Jonathan

Number of pages: 8

Extract:

1. Introduction
Jonathan Verschuuren

In most western societies, the role of the legislature was originally
based upon the principle of the separation of powers, as `developed' by
Montesquieu in his De l'esprit des lois (Montesquieu [1748] 1979), and
upon the principle of the rule of law. Elected representatives in parliament
adopt the law, the executive applies the law and is limited in its powers by
the law, and courts test the executive's decisions against the law and thus
interpret the law. In modern states, the principle of the separation of
powers does not fully apply. In particular the role of the executive in the
law-making process has changed. As indicated by Türk, modern govern-
ments have broad legislative competence, leading to a decrease in the role
of parliaments in the adoption of legislation. Modern bureaucratic admin-
istrations are better suited to generate the necessary laws, especially in times
when state intervention covers many fields (Türk 2006, p. 8). The theoret-
ical responsibility of the state for everything has resulted in the practical
presence of the state in every aspect of life, thus causing a flood of laws
(Karpen 1996, p. 55).
Today, this is generally seen as one of the major weaknesses of the legis-
lature. There are too many laws, sometimes they contradict each other, or
they are inaccessible. In general, legislatures are criticized for the phenom-
enon of `overregulation' and for producing poor-quality legislation which
ignores input from citizens and stifles private ...