Fagan, Frank; Levmore, Saul --- "The Timing of Lawmaking" (Edward Elgar Publishing, 2017) [2017] ELECD 544

Editor(s): Fagan, Frank; Levmore, Saul

Title: The Timing of Lawmaking

Topics: Law and Economics; Constitutional and Administrative Law; Law and Society; Legal Theory

Publisher: Edward Elgar Publishing

Date of Publication: 31 March 2017

Number of pages: c 368

ISBN (hard cover): 9781785364327

EISBN: 9781785364334

Abstract/Description:

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time.

The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?

This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges.