The Theory and Practice of Legislation: Essays in Legisprudence

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ISBN: 9780754624615 | 0754624617
Cover: Hardcover
Copyright: 9/28/2005

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Providing a rational framework for legislation, the original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.

Series Preface

vii

Introduction

Luc J. Wintgens

PART I LEGISPRUDENCE: THEORETICAL ISSUES

Legisprudence as a New Theory of Legislation

(23)

Luc J. Wintgens

The Quest for Legisprudence: Constitutionalism v. Legalism

(27)

Imer B. Flores

The Evolution of Economic Thinking about Legislation and its Interpretation by Courts

(14)

Richard A. Posner

Legal Instrumentalism Revisited

(26)

Koen VanAeken

How Rational is Rational Lawmaking?

(14)

Wojciech Cyrul

PART II CONSTITUTIONALISM, LEGALISM AND DEMOCRACY

Two Models of Democracy: How to Make Demos and Hercules Collaborate in Public Deliberation

107

(18)

Tatsuo Inoue

The Paradox of Democratic Representation. On Whether and How Disagreement Should be Represented

125

(37)

Samantha Besson

On the Descriptive and the Prescriptive Nature of the Constitution. Constitutionalism and the Legitimisation of the Constitution in the Practice of its Implementation

162

(25)

Pasquale Policastro

The Theory and Practice of Constitutional Review in the Civil Law: The Case of Belgium

187

(32)

Maurice Adams

Dirk Vanheule

PART III POLITICS, LEGISLATION AND LEGITIMACY

Legislating Human Rights

219

(20)

Tom Campbell

Legitimacy through Rationality: Parliamentary Argumentation as Rational Justification of Laws

239

(20)

A. Daniel Oliver-Lalana

The Sources of Legitimacy of Political Decisions: Between Procedure and Substance

259

(26)

Jose Luis Marti Marmol

PART IV PRACTICAL REASON, ARGUMENTATION AND INTERPRETATION

Legislative Deliberation: Notes from the European Parliament

285

(12)

Neil MacCormick

Reasoning and Legislation

297

(21)

Manuel Atienza

Evaluating References to the Intention of the Legislator

318

(15)

H. Jose Plug

PART V PRACTICAL ISSUES

EC-law between Social Message and Record of Agreement. How the Theory of Legislation can Contribute to Understanding Practical Problems of Negotiated Legislation

333

(8)

Tito Gallas

The Justification and the Optimisation Principle in International Nuclear Law: Theory and Practice

341

Ludo Veuchelen

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The Theory and Practice of Legislation: Essays in Legisprudence

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Table of Contents

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