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Journal of Foreign Legislation and Comparative Law
Reference:

Bogdanovskaya I.Y. Law-Making Process in the Common Law Countries: Comparative Aspects

Abstract: Traditionally, the common law countries are famous as countries of precedent law. At present times they are distinguished by increasing share (proportion) of legal acts (statutes). This phenomenon makes more actual the issue of efficiency of law-making process. There is noted in the article that in international legal doctrine exists now such direction (school), as legistics, which explores elaboration of theory of law-making and of criteria of its efficiency. Author looks at specifics of lawmaking process in states belonging to legal family of common law. Despite this belonging these states are differed in its forms of rule. That condition permits author to clear general and special characteristics of law-making, ways and means of interaction of executive and legislative in parliamentary monarchy and presidential republic. Author emphasizes big measure of centralization of process mentioned in United Kingdom and other countries of Westminster model. It distinguishes lobbyism in these countries from lobby activities in US .In particular, author studies correlation of legislative process stages, influence of party discipline upon voting of deputies. Parliamentary supremacy is a root of significant role of legislative in law-making. In US model role of Congress was rather modest one. In the same time practice demonstrates both models currently are under change. Principle of strictly divided powers in US model leads to increasing role of Congress. And role of Parliament is reducing in the countries of Westminster model of parliamentary supremacy. Author implements various methodological methods in the article. Combining normative and sociological approach gives opportunity to analyze law-making process as a whole, to discover correlation of legally established social model and its social content, to check efficiency of such model in regulation of social interests connected with bill.

Keywords:

parliamentary monarchy, presidential republic, law-making, legislative process, parliament, congress, houses of parliament, legisprudentsia, bill, government, head of state.

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