The Power of national uniform legislation: What is its rate of proliferation and what factors are driving it?

Guzyal Hill, John Garrick

    Research output: Contribution to journalArticlepeer-review

    Abstract

    Although national uniform legislation, as a complex legal phenomenon, has both advantages and disadvantages, it has become an inevitable occurrence in today’s legal landscape. Due to the inevitability of national uniform legislation as a powerful tool for future harmonisation and law reform, the government, businesses and individuals will have to find ways to understand it better and work with it. This research examines the rate of proliferation of national uniform legislation and the driving forces behind this proliferation.
    It is clear: a continued growth of national uniform legislation is foreseeable. Critical forces driving harmonisation have been identified in this research with Australia not immune to global trends towards harmonisation of legislation. Globalisation is not, however, the only factor driving national uniform legislation. Schematically, the forces can be divided into political, economic, social and technological categories. The list of driving forces we have identified is not exhaustive and recent developments in connectivity and challenges of 2020: bushfires, floods and pandemic of COVID-19 intensified the debates surrounding national uniform legislation.
    Original languageEnglish
    Pages (from-to)286-291
    Number of pages6
    JournalAustralian Law Journal
    Volume95
    Issue number4
    Publication statusPublished - 9 Apr 2021

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