Rational lawmaking under review : legisprudence according to the German Federal Constitutional Court / Klaus Meßerschmidt, A. Daniel Oliver-Lalana, Editors.
This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court℗þs approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing p...
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Full Text (via Springer) |
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| Other Authors: | , |
| Format: | eBook |
| Language: | English |
| Published: |
Switzerland :
Springer,
[2016]
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| Series: | Legisprudence library ;
v. 3. |
| Subjects: |
Table of Contents:
- Foreword; Contents; Chapter 1: On the "Legisprudential Turn" in Constitutional Review: An Introduction; References; Part I: Judicial Review, Democracy, and Legislation Theory; Chapter 2: Constitutional Courts and Democracy. Facets of an Ambivalent Relationship; 2.1 The Ambivalence of Judicial Review; 2.2 Cultural Differences and Current Trends; 2.3 Institutional Frameworks; 2.4 Costs and Benefits of Constitutional Adjudication: The German Case; 2.5 Conclusion; References; Chapter 3: Paths Towards Better Legislation, Detours and Dead-Ends; 3.1 The Dual Nature of Legislation.
- 3.2 Criteria of Good Legislation3.2.1 Substantive Quality Criteria; 3.2.2 Quality Standards for Procedures; 3.3 Framework Conditions; 3.3.1 Heterogeneous Interests; 3.3.2 Time Pressure Within the Legislative Process; 3.3.3 Enhancement of Legistic Standards; 3.4 Improvement of Draft Legislation?; 3.4.1 Consultation with Independent Experts Within the Policy Making Stage?; 3.4.2 The Institutionalisation of Reflection?; 3.4.3 Justificatory Quality; 3.5 Consultation with Independent Experts; 3.5.1 Different Manifestations; 3.5.2 Internal Classificatory Steps.
- 3.5.3 External Preparation of Draft Legislation3.5.4 Consultation in Relation to the Impact Assessment; 3.6 Institutionalisation; 3.6.1 Enhancement of Legal Examination Within the Federal Ministry of Justice?; 3.6.2 Parliamentary "Office for Legislation"?; 3.6.3 Expertise in the Science of Legislation; 3.6.4 Control of Efficacy; 3.7 Outlook; References; Part II: Judicial Review of Legislative Rationality and Justification; Chapter 4: Rationality Requirements on Parliamentary Legislation Under a Democratic Rule of Law; 4.1 Rationality as the Guiding Principle of Modern Constitutional Law.
- 4.2 Aspects Concerning the Rule of Law4.2.1 Anchorage in Positive Law; 4.2.2 Hierarchies of Norms; 4.2.3 Impacts on Fundamental Rights; 4.2.4 Selection and Creation of the Standard of Review; 4.2.5 Enhancement of Judicial Powers in Relation to the Legislature; 4.2.6 No Change from a Procedural Understanding; 4.3 Principle of Democracy; 4.3.1 Relationship Between the Rule of Law and Democracy; 4.3.2 The General Principle of Democracy; 4.3.3 Outline of an Appropriate Doctrine; Assignment by Institution and Procedure.
- The Principle that Existing Constitutional Requirements on Legislators Are Sufficient New Requirements as a Compensation for Legitimation Deficits; 4.4 EU Law; 4.5 The Nature and Value of Democracy in the Modern State Governed by Rule of Law; References; Chapter 5: The Generality of the Law; 5.1 The Mandate and the Formal Nature of the Law; 5.2 The Law: A Neglected Instrument of Fundamental Rights Protection and a Category of Thinking; 5.2.1 A Necessary Guarantor of Fundamental Rights; 5.2.2 The Need for Specialisation in the Law; 5.2.3 A Category of Thinking.