The Rationality and Justification of Legislation Essays in Legisprudence /

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 intri...

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Bibliographic Details
Corporate Author: SpringerLink (Online service)
Other Authors: Wintgens, Luc J. (Editor), Oliver-Lalana, A. Daniel. (Editor)
Format: Electronic
Language:English
Published: Heidelberg : Springer International Publishing : Imprint: Springer, 2013.
Series:Legisprudence Library, Studies on the Theory and Practice of Legislation, 1
Subjects:
Online Access:https://ezaccess.library.uitm.edu.my/login?url=http://dx.doi.org/10.1007/978-3-319-00062-6
Description
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.
Physical Description:XIII, 186 p. 8 illus. online resource.
ISBN:9783319000626
ISSN:2213-2813 ;