Titlebook: Rational Lawmaking under Review; Legisprudence Accord Klaus Meßerschmidt ,A. Daniel Oliver-Lalana Book 2016 Springer International Publishi

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Book 2016to 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 v

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The Obligation of Consistency in Lawmakingstablishing such a requirement is to integrate the demands of rationality and of the rule of law into the overall conception of a democratic, constitutional state. This is because this conception is based on the realization of limited rationality and of the necessity of political compromise.

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Judicial Review of Tax Laws: The Coherence Requirement ,stimated. This contribution presents the Court’s case law and gives an overview of pertinent contributions in the scholarly literature. It also critically offers a critical appraisal of the general question whether the Coherence Requirement can truly be considered as a binding principle of constitutional law.

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Constitutional Courts and Democracy. Facets of an Ambivalent Relationshipdes an important safeguard for rights and procedures which are essential to democracy. On the other hand, an institution which is able to protect democratic rights and principles will necessarily – at least now and then – come to be seen as overreaching, and thereby itself intruding upon principles

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Rationality Requirements on Parliamentary Legislation Under a Democratic Rule of Lawme their reluctance to measure legislative acts against specific standards of rationality. Under the guise of the rule of law not only the German Federal Constitutional Court, but also the European Court of Justice have developed detailed rationality requirements that some consider to amount to a ge

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