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APPROACH AND METHOD

Approach

This is not a technical book on sunset clauses and experimental legislation. Instead, this is a comparative law study that reflects on the framework, potentialities and constitutional limits of these legislative instruments. These legislative instruments are nowadays enacted in diverse Western jurisdictions, notably Germany, the Netherlands, the United States, Spain, the United Kingdom, France and Switzerland, and even at the EU level.[1] For the purposes of this study, the United States, the Netherlands and Germany have been selected. These jurisdictions were selected since, on the one hand, in all of them experimental legislation and sunset clauses have been enacted in the last decades - though under different designations. On the other, these jurisdictions have different experiences with their implementation. In none of these jurisdictions is there a clear framework for the enactment and implementation of sunset clauses and experimental legislation. There is thus room for learning in the three countries. An introductory overview of these jurisdictions is provided here.

  • [1] For France, see Florence Crouzatier Durand, ‘Reflexions sur le conceptd’experimentation legislative (a propos de la loi constitutionnelle du 28 mars2003 relative a l’organisation decentralisee de la Republique)’ (2003) 56 RevueFrancaise de Droit Constitutionnel 675; for Spain, see for example, GabrielDomenech Pascual, ‘Los Experimentos Juridicos’ (2004) 164 Revista de Administration Publica 145. For Switzerland, see Luzius Mader, ‘Evaluating theEffects: A Contribution to the Quality of Legislation’ (2001) 22(2) Statute LawReview 119. For a historical perspective in the United Kingdom, see JamesWilliams, ‘Experiment in Legislation’ (1888) 14 Law Magazine and Review 299.
 
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