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

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The Generality of the Lawn legislation, namely to create an area of freedom, security and justice, is however neglected in this process. Here, the idea of the law is capable of offering a solution. The idea of the law is that of generality. This finding in ideational history, which was already in evidence in the law in anci

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法律

Legislative Margins of Appreciation as the Result of Rational Lawmakingnger of disregarding the protection of fundamental rights. Legislative margins of appreciation are a means of reasoning used in rulings by the Court to find a path between judicial activism and judicial restraint. German constitutional law does not contain a ‘political question doctrine’ that clearl

archetype

Due Post-legislative Process? On the Lawmakers’ Constitutional Duties of Monitoring and Revisione courts to second-guess the constitutionality of statutes in retrospect without intruding into lawmakers’ primary competences to deal with social complexities. But, on the other hand, the German experience illustrates that such a doctrine is not easy to apply and remains under-enforced for the most

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gait-cycle

Hippocampus

Rational Lawmaking, Proportionality and Balancingegislative balancing. And it is complex for it is not restricted to claims advanced in a judicial procedure. The aim of this contribution is to analyze the general structure of balancing and to investigate the distinctive features of legislative balancing as a method of rational decision-making.

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Book 2016sues 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 r

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2213-2813 d 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 r978-3-319-81457-5978-3-319-33217-8Series ISSN 2213-2813 Series E-ISSN 2213-2856