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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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The Art of Legislating (Hardcover, 1st ed. 2019)
Loot Price: R3,347
Discovery Miles 33 470
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The Art of Legislating (Hardcover, 1st ed. 2019)
Series: Legisprudence Library, 6
Expected to ship within 10 - 15 working days
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Any contemporary state presents itself as committed to the "rule of
law", and this notion is perhaps the most powerful political ideal
within the current global discourse on legal and political
institutions. Despite being a contested concept, the rule of law is
generally recognised as meaning that government is bound in all its
actions by fixed and public rules, and that these rules respect
certain formal requirements and are enforced by an independent
judiciary. This book focuses on formal legality and the question of
how to achieve good laws-a topic that was famously addressed by the
18th century enlightened thinkers, but also by prominent legal
scholars of our time. Historically, the canon of "good legislation"
demanded generality, publicity and accessibility, and
comprehensibility of laws; non-retroactivity; consistency; the
possibility of complying with legal obligations and prohibitions;
stability; and congruency between enacted laws and their
application. All these are valuable ideals that should not be
abandoned in today's legal systems, particularly in view of the
silent revolution that is transforming our legality-based "states
of law" into jurisdictional states. Such ideals are still worth
pursuing for those who believe in representative democracy, in the
rule of law and in the dignity of legislation. The idea for the
book stemmed from the author's parliamentary and governmental
experience; he was responsible for the Government of Spain's
legislative co-ordination from 1982 to 1993, which were years of
intensive legislative production. The more than five hundred laws
(and thousands of decrees) elaborated in this period profoundly
changed all sectors of the legal order inherited from Franco's
dictatorship, and laid the foundations of a new social and
democratic system. For an academic, this was an exciting
experience, which offered a unique opportunity to put the theory of
legislation to the test. Reflecting and elaborating on this
experience, the book not only increases scholarly awareness of how
laws are made, but above all, improves the quality of legislation
and as a result the rule of law.
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