The Rationality and Justification of Legislation

Essays in Legisprudence

  • Luc J. Wintgens
  • A. Daniel Oliver-Lalana

Part of the Legisprudence Library book series (LEGIS, volume 1)

About this book

Introduction

The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.​  

Keywords

Bounded Rationality and Legisprudence Constitutionalism and the Regulatory State Disagreement and Proceduralism in Legisprudence Legislation as Implementation of Constitutional Law Legisprudence in the Asian Context Principled Regulatory Strategy Rational Lawmaking and Legislative Reasoning Rationality and Justification of Legislation Rationality of Legal Principles in the Creation of Law Tests of Justifiability of Legislative Actions The Rational Legislator

Editors and affiliations

  • Luc J. Wintgens
    • 1
  • A. Daniel Oliver-Lalana
    • 2
  1. 1.Professor of Law and JurisprudenceUniversity Brussels/University LeuvenBrussels/LeuvenBelgium
  2. 2., Department of LawUniversity of La RiojaLogroñoSpain

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-00062-6
  • Copyright Information Springer International Publishing Switzerland 2013
  • Publisher Name Springer, Heidelberg
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-319-00061-9
  • Online ISBN 978-3-319-00062-6
  • Series Print ISSN 2213-2813
  • Series Online ISSN 2213-2856
  • About this book