Rational Lawmaking under Review : Legisprudence According to the German Federal Constitutional Court /: Legisprudence According to the German Federal Constitutional Court. (2016)

• Record Type: Book
• Further Information: Note: Edited by Klaus Meßerschmidt, A. Daniel Oliver-Lalana.
• Editors: Meßerschmidt, Klaus; Oliver-Lalana, A. Daniel
• Contents: Foreword; Luc J. Wintgens -- 1 On the zLegisprudential Turny in Judicial Review: An Introduction; A. Daniel Oliver-Lalana and Klaus Meßerschmidt -- Part I. Judicial Review, Democracy, and Legislation Theory -- 2 Constitutional Courts and Democracy. Facets of an Ambivalent Relationship; Gertrude Lübe-Wolff -- 3 Paths towards Better Legislation, Detours and Dead-ends: An Appraisal of Consultation with Independent Experts, Justifications for Legislation, Impact Assessments and Controls of Efficacy; Helmuth Schulze-FielitzPart -- II. Judicial Review of Legislative Rationality and Justification -- 4 Rationality Requirements on Parliamentary Legislation under a Democratic Rule of Law; Bernd Grzeszick -- 5 The Generality of the Law. The Law as a Necessary Guarantor of Freedom, Equality and Democracy, and the Differentiated Role of the Federal Constitutional Court as a Watchdog; Gregor Kirchhof -- 6 On Constitutional Duties to Give Reasons for Legislative Acts; Christian Waldhoff -- Part III. Judicial Review of Legislative Consistency and Systematicity -- 7 The Obligation of Consistency in Lawmaking. Using the Example of the Ban on the Private Sale of Public Lottery Tickets and its Review by the Federal Constitutional Court; Christian Bumke -- Inconsistent Legislation; Matthias Rossi -- 9 Judicial Review of Tax Laws: The Coherence Requirement; Roland Ismer -- Part IV. Judicial Review of Legislative Facts and Impacts -- 10 Legislative Margins of Appreciation as the Result of Rational Lawmaking; Christian Bickenbach -- 11 Due Post-Legislative Process? On the Lawmakers' Constitutional Duties of Monitoring and Revision; A. Daniel Oliver-Lalana -- 12 Efficacy, Effectiveness, Efficiency -- From Judicial to Managerial Rationality; Ulrich Karpen -- 13 Symbolic Legislation under Judicial Control; Angelika Siehr -- Part V. Legislative Balancing, Proportionality, and Process Review -- 14 Rational Lawmaking, Proportionality and Balancing; Jan Sieckmann -- 15 The Procedural Review of Legislation and the Substantive Review of Legislation -- Opponents or Allies?; Klaus Meßerschmidt -- Index -- About the Authors.
• Publisher Details: Cham : Springer
• Publication Date: 2016
• Extent: 1 online resource
• Subjects: 223; Law; Political science; Law -- Philosophy; Constitutional law; Constitutional law; Law; Law (Philosophical concept); Political science; Electronic books
• Languages: English
• ISBNs: 9783319332178; 3319332171; 3319332155; 9783319332154
• Notes: Note: Includes bibliographical references.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.