Home Law Constitutional Sunsets and Experimental Legislation: A Comparative Perspective
Returning to the opening quotation of this chapter, it can now be argued that lawmakers are often aware of the existence of sunset clauses and experimental legislation, but are unwilling or unable to implement them. The examples of ineffective sunset clauses and experimental legislation may too easily influence the decision not to adopt these types of laws, whereas one should first question why these laws have failed and what could have been done to prevent it.
At the end of Part II, it was clear that most legal hesitations could be resolved by taking a good look at the current interpretation of the fundamental principles under analysis and designing a clear legal framework for the enactment and implementation of sunset clauses and experimental legislation. While acknowledging the difficulty to control political forces, a similar conclusion is reached here. As described in this chapter, most cases of failed sunset clauses or experimental laws were not exclusively explained by political elements but also by the nonexistence of a clear and accurate framework. It is this framework that will guarantee the reliability and validity of sunset clauses and experimental laws. If the goals and results of the evaluation performed with regard to these legislative instruments are clear, transparent and accurate, there will be less room for political misappropriation of sunset clauses and experimental laws and regulations. In Chapter 8, final guidelines are provided for the enactment of sunset clauses and experimental legislation.
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