A MIDDLE-RANGE THEORY OF LEGISLATION IN A GLOBALIZING WORLD

Although legislation is the source of most of modern law, it has not been the subject of deeper reflection from the legal world. In specific, attention has usually been focused on the macro- level in the legislative processes, ie. to discuss philosophical or political grounds and criteria for the "good" legislation, or the "necessity (or not)" of regulating a particular area through legislation.

Alternatively, considerations have revolved around the micro-level in the legislative process, ie. the structure, wording and impact of different laws on a particular legal system and/or on society.

Given this situation, the basic focus of the project will be the construction and analysis of the link between political instances (in a very broad sense, ie statements on "how it should be") and legal measures (ie statements on "how it ought to be"). In this between-space legislative policies are formulated, ie. legislative strategies to find the “best way” to implement a particular ideology in the form of legislative measures.

The project is based on several pre-studies and case studies that have led to a number of articles on legislation being produced and published over the past 5-years. Based on these preliminary case studies, the project will primarily result in a monograph that describes a theoretical general framework for structuring and evaluating the legislative processes and their results.