Overview

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.​  

Full Product Details

Author:   Luc J. Wintgens ,  A. Daniel Oliver-Lalana
Publisher:   Springer International Publishing AG
Imprint:   Springer International Publishing AG
Edition:   2013 ed.
Volume:   1
Dimensions:   Width: 15.50cm , Height: 1.10cm , Length: 23.50cm
Weight:   0.454kg
ISBN:  

9783319033082

ISBN 10:   3319033085
Pages:   186
Publication Date:   10 July 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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.

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