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

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On Constitutional Duties to Give Reasons for Legislative Actst forward to justify this proposition will point out that it is because of the political nature of legislation that reasons are ultimately not required for legislative acts. Nonetheless, a multi-step legislative procedure, in which several institutions are involved, more or less automatically produc

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The Obligation of Consistency in Lawmakinguestion whether the German Constitution comprises a duty of consistent legislature and, if so, what its contents might be. The starting point is the realignment of the Federal Constitutional Court’s jurisdiction that has occurred in the past few years regarding constitutional requirements of rationa

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Legislative Margins of Appreciation as the Result of Rational Lawmakinge the living conditions of its citizens. It is, however, the right of citizens to determine their own future and for that reason, Fundamental Rights can be barriers for the lawmaker. The lawmaker is allowed to intrude upon Fundamental Rights. However, every act has to be proportional and, in particu

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Due Post-legislative Process? On the Lawmakers’ Constitutional Duties of Monitoring and Revisionacts of statutes and to revise or adjust them in the light of evolving legislative facts, which mostly compensates for the Court’s deference to legislative prognoses under conditions of high epistemic uncertainty. The legisprudential tenets of retrospection and correction are thereby converted into

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Symbolic Legislation Under Judicial Controlown tension between certain standards of rationality and legislation on the basis of democratic majority rule – that legitimizes law-making in view of . not . and that takes place in the realm of politics – is tested to its limits by symbolic laws. Those laws, by definition, are characterized by an

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Rational Lawmaking, Proportionality and Balancingrm of majority rule is insufficient, for democratic legitimacy depends on representing the interests of the governed, which requires the balancing of these interests and is only imperfectly reflected in voting procedures. Hence, balancing is the core of rational lawmaking and proportionality is the

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