State Regulation and Non-state Law
Edited by Hanneke van Schooten and Jonathan Verschuuren
Chapter 12: The Influence of Court Judgments on Non-State Law
12. The inﬂuence of court judgments on non-state law Hans Peters 1. INTRODUCTION The central question in this book is how the state legislature should react towards non-state law. What is or should be the inﬂuence of non-state law on the legislature? Should the legislature take forms of non-state law into account? Is it wise to participate in legislation on non-state law? Does it give the legislator more authority? Is an association with non-state law convenient for the legislator? Because they are focused on the role of the legislature, these questions suggest that there is a clear diﬀerence between non-state law and state law and that it is for the legislator to decide whether a rule can be seen as state law or non-state law. That is only half the truth. Of course, by introducing non-state law into state regulation, the legislature can change non-state law into state law. However, it is mostly a ruling from a court that ﬁnally decides whether a rule can be seen as non-state law or state law. The legislature should be aware of that: the borderline between state law and non-state law is thin and relative. In this contribution, I would like to explore the borderline between state law and non-state law and how that line can shift. Therefore it is necessary to deﬁne the concepts of state law and non-state law in a legal sense. Earlier in this book, non-state law was deﬁned from the perspective of the...
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.