a Comparative Perspective
Chapter 2: The past and present of sunset clauses and experimental legislation
Temporary legislation is a broad term used to refer to different forms of temporary legislation and regulations, such as temporary effects legislation, emergency legislation, sunset clauses and experimental legislation. The terms ‘temporary legislation’ ‘Gesetzgebung auf Zeit’ (in Germany) or ‘tijdelijke wetgeving’ (in the Netherlands) stand for laws and regulations that terminate at the end of a period established beforehand, except if the legislator decides otherwise. As introduced in Chapter 1, temporary laws are not enacted on a systematic basis in Germany, the Netherlands and the United States, but they are no rarity. In these three jurisdictions, temporary laws appear to serve specific purposes. Temporary legislation is often regarded as an extraordinary tool or even a ‘necessary evil’ for problems that permanent legislation would not be able to solve. To illustrate, a rapid legislative response to calamities or to political instability requires extraordinary but temporary measures (for example, curfew laws) and cannot afford to wait for the end of the bureaucratic legislative process. Temporary laws can, however, be employed for a number of other less common reasons, including the production of information, resolution of uncertainties or search for political consensus. In this chapter, two types of temporary legislation and their functions are ‘demystified’: sunset clauses and experimental legislation. Both legislative instruments are characterized by their temporary character and can be used to perform a number of functions.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.