The Rationality and Justification of Legislation : Essays in Legisprudence / edited by Luc J. Wintgens, A. Daniel Oliver-Lalana.
2013
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Details
Title
The Rationality and Justification of Legislation : Essays in Legisprudence / edited by Luc J. Wintgens, A. Daniel Oliver-Lalana.
Added Corporate Author
Edition
1st ed. 2013.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2013.
Description
XIII, 186 p. online resource.
Series
Legisprudence Library, Studies on the Theory and Practice of Legislation, 2213-2813 ; 1.
Formatted Contents Note
1 The Rationality and Justification of Legislation: A Preface; A. Daniel Oliver-Lalana and Luc J. Wintgens
2 The Rational Legislator Revisited. Bounded Rationality and Legisprudence; Luc J. Wintgens
3 The Principled Legislative Strategy: Rationality of Legal Principles in the Creation of Law?; Hannele Isola-Miettinen
4 Three Grounds for Tests of the Justifiability of Legislative Action: Free-dom, Representative Democracy, and Rule of Law; Andrej Kristan
5 Legisprudence in the Korean Context: A Practical Approach Focusing on the Confucian Effects on Rationality; Cheoljoon Chang
6 The Role of Constitutionalism in Regulatory Governance; Pablo Larrañaga
7 Legislation as Implementation of Constitutional Law: A Foundation for the Demand of Legislative Rationality; Jan Sieckmann
8 Disagreement and Proceduralism in the Perspective of Legisprudence; Woomin Shim
9 Rational Lawmaking and Legislative Reasoning in Parliamentary De-bates; A. Daniel Oliver-Lalana
About the Authors.
2 The Rational Legislator Revisited. Bounded Rationality and Legisprudence; Luc J. Wintgens
3 The Principled Legislative Strategy: Rationality of Legal Principles in the Creation of Law?; Hannele Isola-Miettinen
4 Three Grounds for Tests of the Justifiability of Legislative Action: Free-dom, Representative Democracy, and Rule of Law; Andrej Kristan
5 Legisprudence in the Korean Context: A Practical Approach Focusing on the Confucian Effects on Rationality; Cheoljoon Chang
6 The Role of Constitutionalism in Regulatory Governance; Pablo Larrañaga
7 Legislation as Implementation of Constitutional Law: A Foundation for the Demand of Legislative Rationality; Jan Sieckmann
8 Disagreement and Proceduralism in the Perspective of Legisprudence; Woomin Shim
9 Rational Lawmaking and Legislative Reasoning in Parliamentary De-bates; A. Daniel Oliver-Lalana
About the Authors.
Summary
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 constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws. .
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SpringerLink electronic monographs.
Language
English
ISBN
9783319000626
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