Legisprudence Library

Rational Lawmaking under Review

Legisprudence According to the German Federal Constitutional Court

Editors: Meßerschmidt, Klaus, Oliver-Lalana, A. Daniel (Eds.)

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  • Discusses the virtues and problems of the constitutionalisation of rational lawmaking
  • Analyzes the judicial review of the quality of the legislative method
  • Focuses on the German constitutional case-law as a highly developed example of the judicial control
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eBook $129.00
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  • ISBN 978-3-319-33217-8
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Hardcover $169.99
price for USA in USD
  • ISBN 978-3-319-33215-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $169.99
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  • ISBN 978-3-319-81457-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court´s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty 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.

About the authors

Klaus Meßerschmidt, Dr. iur., is adjunct professor of public law at Humboldt University of Berlin and lecturer at the University of Erlangen-Nürnberg. He obtained his doctorate in law at the University of Trier (1986) and his habilitation at the University of Berlin (2000). His research concentrates on legisprudence, originating from his postdoctoral thesis on legislative discretion (Gesetzgebungsermessen), and environmental law. His teaching interests are in constitutional and European law. His recent publications include a textbook on European Environmental Law (Europäisches Umweltrecht, München, C. H. Beck, 2011).

A. Daniel Oliver-Lalana, Dr. iur., LL.M. (Genova), is currently a Ramón y Cajal Fellow at the University of Zaragoza’s Law Faculty, where he lectures on jurisprudence. His works include a book on legal communication (Legitimidad a través de la comunicación, 2011), a socio-legal study on data protection law (Derecho y cultura de protección de datos, 2012, with J.F. Muñoz) and The Rationality and Justification of Legislation (2013, co-edited with L. Wintgens).

Table of contents (15 chapters)

Table of contents (15 chapters)
  • On the “Legisprudential Turn” in Constitutional Review: An Introduction

    Oliver-Lalana, A. Daniel (et al.)

    Pages 1-16

  • Constitutional Courts and Democracy. Facets of an Ambivalent Relationship

    Lübbe-Wolff, Gertrude

    Pages 19-32

  • Paths Towards Better Legislation, Detours and Dead-Ends

    Schulze-Fielitz, Helmuth

    Pages 33-57

  • Rationality Requirements on Parliamentary Legislation Under a Democratic Rule of Law

    Grzeszick, Bernd

    Pages 61-87

  • The Generality of the Law

    Kirchhof, Gregor

    Pages 89-127

Buy this book

eBook $129.00
price for USA in USD (gross)
  • ISBN 978-3-319-33217-8
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.99
price for USA in USD
  • ISBN 978-3-319-33215-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $169.99
price for USA in USD
  • ISBN 978-3-319-81457-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Rational Lawmaking under Review
Book Subtitle
Legisprudence According to the German Federal Constitutional Court
Editors
  • Klaus Meßerschmidt
  • A. Daniel Oliver-Lalana
Series Title
Legisprudence Library
Series Volume
3
Copyright
2016
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-33217-8
DOI
10.1007/978-3-319-33217-8
Hardcover ISBN
978-3-319-33215-4
Softcover ISBN
978-3-319-81457-5
Series ISSN
2213-2813
Edition Number
1
Number of Pages
VIII, 412
Number of Illustrations
1 b/w illustrations
Topics