Rational Lawmaking under Review : Legisprudence According to the German Federal Constitutional Court - neues Buch

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ISBN/EAN: 9783319332178

ISBN - alternative Schreibweisen:
978-3-319-33217-8
Alternative Schreibweisen und verwandte Suchbegriffe:
Autor des Buches: daniel klaus, klapp klapp
Titel des Buches: constitutional review, rational

Daten vom Verlag:

Autor/in: Klaus Meßerschmidt; A. Daniel Oliver-Lalana
Titel: Legisprudence Library; Rational Lawmaking under Review - Legisprudence According to the German Federal Constitutional Court
Verlag: Springer; Springer International Publishing
412 Seiten
Erscheinungsjahr: 2016-07-26
Cham; CH
Sprache: Englisch
106,99 € (DE)
110,00 € (AT)
130,00 CHF (CH)
Available
VIII, 412 p. 1 illus.

EA; E107; eBook; Nonbooks, PBS / Recht/Allgemeines, Lexika; Rechtsmethodik, Rechtstheorie und Rechtsphilosophie; Verstehen; Coherence Requirement; Consistent Legislation; Constitutional Duties to Justify Legislation; Constitutional Review; Due Process of Legislation; Freedom, Equality and Democracy; Judicial Review of Legislative Rationality; Judicial Review of Legislative Rationality and Justification; Post-legislative Care; Proportionality and Balancing; Rational Lawmaking; B; Theories of Law, Philosophy of Law, Legal History; Political Theory; Philosophy of Law; Constitutional Law; Law and Criminology; Politikwissenschaft und politische Theorie; Verfassungs- und Verwaltungsrecht; BB

to 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 scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.

to 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 scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.