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Title:The choice in the lawmaking process
Authors:Grajžl, Peter (Author)
Dimitrova-Grajzl, Valentina (Author)
Work type:Not categorized
Tipology:1.25 - Other Component Parts
Organization:FHŠ - Faculty of Humanities
Abstract:We develop a model of lawmaking to study efficiency implications of, and variation in, jurisdictions' choices between promulgation of indigenously developed laws and legal transplants. Our framework emphasizes the sequential nature of lawmaking, the ubiquity of uncertainty, considerations about ex-antepromulgation versus ex-post adjustment costs, and the importance of the political context of legal reform. In discerning the patterns of in efficiencies in both transplantation and indigenous lawmaking, we elucidate the role of heterogeneity of interests and adaptability of a legal system. We also find that domestic corruption per se need not justify transplantation of foreign legal models. Our results support the view that local conditions are acrucial determinant of the appropriate path of legal reform.
Keywords:lawmaking process, uncertainty, legal transplants, indigenous law, interest groups
Year of publishing:2008
COBISS_ID:3089623 Link is opened in a new window
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Secondary language

Keywords:zakonodaja, proces priprave zakona, interesne skupine, osnovna zakonodaja


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