Publication details

Sociological Context of Legislation

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Title in English Sociological Context of Legislation1
Authors

ŠKOP Martin

Year of publication 2020
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
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Description This chapter deals with some methodological aspects of empirical (qualitative) research in the area of legislation. It is devoted to the so-called bureaucratic stages of the legislative process, in particular on the so-called statutory drafting. The chapter first focuses on the reasons why it is relevant to examine this part of the legislation process, especially concerning the much more explored area of the parliamentary stages of the legislative process. It will also focus on the nature of drafting statutes - the statutory drafting is rather to be an art rather than a science or other strictly formalized activity. However, rational elements are essential for drafting a statute. Finally, the chapter applies theoretical knowledge to data obtained from in-depth interviews with legislative experts. It points out possible differences between what the legislative experts themselves say and how the writing process is theoretically conceptualized.
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