Sunset Clauses (Sofia Ranchordas, 2015) Flashcards
Required reading
What are “Sunset Clauses”? (Basic definition)
Sunset Clauses are provisions that specify when a particular law is set to expire at a specific date. After this date, legislators reevaluate the law. (Whether the law should be modified/renewed for e.g)
What are “Experimental Regulations”? (Basic definition)
- Experimental regulations try out new laws on a small scale to test whether the new law is effective or not.
- This allows legislators to make informed decisions based on the outcome of the “Experiment’.
Why are “Sunset Clauses” and “Experimental Regulations” used at all?
They are “Temporary Legislative Instruments” that address the challenges that come with legislation & regulation. Challenges like slow legislative processes for e.g
Why is there a question of whether “Sunset Clauses” & “Experimental Regulations” can be a BLESSING or CURSE for legal certainty?
A Curse because they are temporary/constantly changing rules that creates uncertainty. But a blessing because they help with adapting to a rapidly changing society. Allows legislation to change alongside society.
What does Temporary Regulation > Permanent Laws mean? Was it always this way?
It means that Temporary Laws are able to more accurately reflect current society more than permanent laws as they adapt with the constantly changing society. It was not always this way as temporary laws were seen as only relevant in emergency situations.
Can you provide 3 examples of “Temporary legislation” ?
1) Experimental legislation
2) Sunset Clauses
3) Emergency legislation
Which two forms of temporary legislation does Sofia Ranchordas focus on?
1) Experimental Regulation
2) Sunset Clauses
What to KEY elements are required in a Sunset Clause?
1)Short term & Expiration date
2) After evaluation; Law
must be evaluated after expiration
Why must a Sunset Clause be evaluated after?
Ranchordas refers to it as “ex post- evaluation” which means that the effectiveness of the law must be evaluated.
Legislators that wish for the law to be renewed must provide substantial proof of it’s efficiency.
Can you give an example of Sunset Clause provisions being used in a non-emergency and temporary basis?
The USA Patriot Act included a lot of sunset clauses and was enacted after the 9/11 attacks to fight against terrorism. (On a temporary basis)
Can you provide an example of an instance where excessive sunset clauses display adverse effects?
When there are excessive Sunset Clauses it takes up more time because of its “Ex post-evaluation” element; There would be an increased burden placed on regulators
Explain how Sunset Clauses can be used as a means to improve the effectiveness of Public administration?
SC can help with public administration by improving effectiveness of public administration and reducing regulatory pressures.
Which Countries does Ranchordas’ article refer to?
Includes case studies from Netherlands, Germany, the US and UK for temporary legislation
Which country is it mandatory to use Sunset clauses for secondary legislation?
The United Kingdom
What is “Secondary Legislation” in the UK? (EXTRA)
Secondly Legislation is legislation that is not made by the primary legislation (e.g parliament)
What is “Primary Legislation” in the UK? (EXTRA)
Legislation made by the primary legislative body (E.parliament)
What is Parliament split into? 7 who can elect them? (EXTRA)
House of Commons : Public
House of Lords: Appointed
What is on way that Sunset Clauses can help?
(Hint: Reduce……)
SC can help reduce Regulatory Pressures
What is the difference between Regulation and Legislation? (Basic )
Legislation: The broad laws created.
Regulation= More detailed rules that further explain HOW the legislation must be followed.
How do Sunset Clauses help with the slow regulation process?
Regulation is about how the laws work and SC basically check if the laws work. SC are basically built-in review processes.
What are the KEY required elements of “Experimental Regulations”?
Experimental legislation is when new rules or laws are tested for a specific time (1) and in a limited area or for certain people(2). Clear objectives (3) and evaluation criteria (4) are also usually required.
How are Experimental Regulations applied?
Tested on a “sample group” and then the results are compared with the “Control group”, which is the rest of the population
What is the difference between in Sunset Clauses and Experimental Regulation in terms of aims?
Sunset Clauses = Aim to reduce ineffective laws and give them a time limit (Policy termination)
Experimental= They aim to find the most effective legislation by encouraging improvement by seeing how well things work (lasting legislation)
What are two benefits of Temporary legislation?
1) Helps tackle uncertainty in social/economic/legal problems
2)Prevents putting public at risk
What countries interpretation of Legal certainty is Ranchordas inspired by in her article?
Germany’s interpretation of legal certainty
What is Legal certainty?
Ensuring Laws are stable, durable and clear so that you are able to predict and avoid new challenges
What is an important question surrounding the principle of legal certainty and legislation?
Whether legal certainty is attainable with legislation in the current rapidly evolving society.
Equation of Legal certainty?
Stability + predictability+ reliability = Legal Certainty
What is predictability in the context of Legal Certainty ?
Whether the legislation is clear enough so people are able to predict possible outcomes/consquences of their conduct
What is Stability in the context of Legal certainty?
Laws remaining constant and stable and unwavering; allows businesses and people to plan actions in confidence
What is reliability in the context of Legal certainty?
Reliability suggests laws are trustworthy and dependable.
How can can sunset Clauses be a “Blessing” for Legal Certainty?
Because SC are temporary provisions and they can also adapt to new and unexpected scenarios. They enable adaptability in the legal system.
Does Ranchordas believe Permanent laws or temporary laws cause legal uncertainty?
She believed that SC does not cause anymore legal uncertainty that permanent laws do. Sunset clauses is actually more reliable as with permanent laws, effectiveness of the laws can decrease.
What happened in the case in Netherlands with Human Embryos and Stem cells?
Netherlands used Sunset clauses in this case to combat legal uncertainty.
How can Experimental Legislation be a “Blessing” for Legal Certainty?
Allow legislators to try small scale laws and observes their effects; combats legal uncertainty, through predictability
Provide case law example of experimental legislation in US (Hint: District of Columbia)
United State of Appeals(District of Columbia); Encourages experimentation to improve the law in the long term like technological innovation
Why would sunset Clauses be a CURSE for Legal certainty? (2 )
1)Sunset Clauses have a negative impact on investment as people are less willing to invest a they feel they do not have much protection under the law as they think they are unable to plan for the long term
2) Sunset clauses can also threaten citizens ‘right to freedom’
How could citizens right to freedom be hindered by sunset clause?
Laws are viewed as too unpredictable; lack of protection from state & state can abuse the clause to their benefit
Can you provide an example of when Sunset Clauses hindered investments?
E.g in the U.S Sunset clauses were included in the tax laws; Investments slowed down after it’s introduction
Why would Experimental regulation be regarded as a CURSE for legal certainty?
Leaves citizens uncertain; They are unsure what ‘experiments’ will become permanent
Overall, what was Ranchordas conclusion? Blessing or Curse?
Neither, legislators must ensure they use these temporary ;legislative instruments effectively at their disposal.
