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This book explores the constitutional, legally binding dimension to
legisprudence in the light of the German Federal Constitutional
Courts 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.
This book explores the constitutional, legally binding dimension to
legisprudence in the light of the German Federal Constitutional
Courts 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.
Sammelband der AG "Katastrophen und Katastrophenrecht" im Rahmen
des 2. Gesellschaftswissenschaftlichen Kollegs der Studienstiftung
des deutschen Volkes
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