This volume examines whether contemporary parliaments use foreign and comparative law in the legislative process. The research reports covered in this book apply the same methodological approach, focusing on the information apparatus available to the legislators and on the rules and practices that regulate the drafting and approval of bills. Subsequently, it examines several examples of recent legislation in which foreign law has been taken into consideration: in an explicit or implicit way, in order to be accepted or refused, according to a mere instrumental aim or following a rigorous comparative methodology. Contributions are from experts in the field covering the following jurisdictions: the UK, USA, Canada, Australia, European Union, Israel, Italy, Spain, Romania, South Africa, Portugal, Brazil, Namibia and China. They give valuable insights into how legal transplantation and synthesis take place and whether it is a coherent and valuable practice.
Nicola Lupo is a professor at the Luiss Guido Carli University, Rome. Lucia Scaffardi is a professor at the University of Parma.
Introduction. The Uses of Comparative Law in Legislative Drafting; 2 Legislation as Transplantation 17 Part I European Experiences; 3 The Influence of Comparative Law on the Portuguese Parliament and the Legislative Process; 4 'Foreign Influence' in EU Lawmaking: The Case of the European Parliament; 5 The EU-Driven Foreign Influences on Legislation in Romania; 6 Legal Transplants in the Spanish Parliamentary Architecture and Legislative Decision-Making; 7 Foreign Influences on (the Procedure and Content of) the Italian Legislative Process; 8 The Use of Comparative Law in the Legislative Process at Westminster Part II International Experiences; 9 Legal Transplants in the Australian Legal System; 10 Brazilian Legislator's Vocation for Using Foreign Law; 11 The Influence of Comparative Law in South African Law; 12 Foreign Flavours in the American Legislative Sausage?; 13 Shaping Law through Inter-Parliamentary Cooperation: The Case of Canada; 14 Foreign Influences on the Legislative Process in Namibia; 15 Channeling Foreign Law Models into Domestic Legislation: A First Inquiry on the Making of the Chinese Environmental Protection Laws; 16 Conclusion. The Migration of Legal Ideas: Legislative Design and the Lawmaking Proces