The Timing of Lawmaking
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The Timing of Lawmaking

Edited by Frank Fagan and Saul Levmore

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?
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Chapter 5: Playing for constitutional time: Interim constitutions and transitional provisions

Tom Ginsburg and Eric Alston

Abstract

Regime transition is a central challenge in constitutional design. This chapter discusses two increasingly popular mechanisms to effectuate the transition between regimes: (i) interim constitutions; and (ii) transitional provisions. Both mechanisms involve the manipulation of temporality, limiting duration of what is supposed to be an enduring form. This chapter provides a theory of when these devices are useful, positive evidence of their use in national constitutions, and a discussion of normative considerations. Keywords: timing rules, constitutional transition, interim constitutions, transitional provisions

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