The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in "legisprudence" as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic...
The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in "legisprude...
This book addresses legislation from the viewpoint of legal theory surveys current research in legisprudence as a new scholarly approach to lawmaking, discussing ways that legislative argument in parliament can serve as a source of justification of laws.
This book addresses legislation from the viewpoint of legal theory surveys current research in legisprudence as a new scholarly approach to lawmaking,...
This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Courts approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers' dutyto legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law...
This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Courts approach...
