Providing a rational framework for legislation, the original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
Providing a rational framework for legislation, the original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
Luc J. Wintgens is from the European Academy of Legal Theory, Center of Legislation, Regulation and Legisprudence, University of Brussels, Belgium.
Inhaltsangabe
Contents: Introduction, Luc J. Wintgens. Legisprudence: Theorectical Issues; Legisprudence as a new theory of legislation, Luc J. Wintgens; The quest for legisprudence: constitutionalism v. legalism, Imer B. Flores; The evolution of economic thinking about legislation and its interpretation by Courts, Richard A. Posner; Legal instrumentalism revisited, Koen Van Aeken; How rational is rational law making?, Wojciech Cyrul. Constitutionalism, Legalism and Democracy: Two models of democracy: how to make Demos and Hercules collaborate in public deliberation, Tatsuo Inoue; The paradox of democratic representation - on whether and how disagreement should be represented, Samantha Besson; On the decriptive and the prescriptive nature of the Constitution - constitutionalism and the legitmization of the constitution in the practice of its implementation, Pascale Policastro; The theory and practice of constitutional review in the civil law: the case of Belgium, Maurice Adams and Dirk Vanheule. Politics, Legistlation and Legitmacy: Legislating human rights, Tom Campbell; Legitimacy through rationality: parliamentary argumentation as rational justification of laws, A. Daniel Oliver-Lalana; The sources of legitimacy of political decisions: between procedure and substance, José Luis Marti Mármol. Practical Reason, Argumentation and Interpretation: Legislative deliberation: notes from the European Parliament, Neil MacCormick; Reasoning and legislation, Manuel Atienza; Evaluating references to the intention of the legislator, H. José Plug. Practical Issues: EC-law between social message and record of agreement. how the theory of legislation can contribute to understanding practical problems of negotiated legislation, Tito Gallas; The justificaiton and the optimization principle in international nuclear law: theory and practice, Ludo Veuchelen.
Contents: Introduction, Luc J. Wintgens. Legisprudence: Theorectical Issues; Legisprudence as a new theory of legislation, Luc J. Wintgens; The quest for legisprudence: constitutionalism v. legalism, Imer B. Flores; The evolution of economic thinking about legislation and its interpretation by Courts, Richard A. Posner; Legal instrumentalism revisited, Koen Van Aeken; How rational is rational law making?, Wojciech Cyrul. Constitutionalism, Legalism and Democracy: Two models of democracy: how to make Demos and Hercules collaborate in public deliberation, Tatsuo Inoue; The paradox of democratic representation - on whether and how disagreement should be represented, Samantha Besson; On the decriptive and the prescriptive nature of the Constitution - constitutionalism and the legitmization of the constitution in the practice of its implementation, Pascale Policastro; The theory and practice of constitutional review in the civil law: the case of Belgium, Maurice Adams and Dirk Vanheule. Politics, Legistlation and Legitmacy: Legislating human rights, Tom Campbell; Legitimacy through rationality: parliamentary argumentation as rational justification of laws, A. Daniel Oliver-Lalana; The sources of legitimacy of political decisions: between procedure and substance, José Luis Marti Mármol. Practical Reason, Argumentation and Interpretation: Legislative deliberation: notes from the European Parliament, Neil MacCormick; Reasoning and legislation, Manuel Atienza; Evaluating references to the intention of the legislator, H. José Plug. Practical Issues: EC-law between social message and record of agreement. how the theory of legislation can contribute to understanding practical problems of negotiated legislation, Tito Gallas; The justificaiton and the optimization principle in international nuclear law: theory and practice, Ludo Veuchelen.
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