Rational Lawmaking under Review

Mehr zum Buch

This book examines the constitutional and legally binding aspects of legisprudence through the lens of the German Federal Constitutional Court's approach to rational lawmaking. Over recent decades, the court has actively applied legisprudential criteria when reviewing parliamentary laws, providing a unique opportunity to analyze lawmakers' obligation to legislate rationally and evaluate the merits and limitations of this judicial oversight in a constitutional democracy. By uniting legislation experts and public law scholars, the volume aims to illuminate the constitutionalization of rational lawmaking, a contentious trend in both national and international contexts. The book is structured into five parts. Part I addresses two central issues: the complex relationship between judicial review and democracy, and the potential for enhancing and rationalizing legislative processes amid current political conditions. Part II offers an overview of judicial review concerning rational lawmaking, highlighting the German Constitutional Court's requirement for legislative justification. Part III focuses on the systemic rationality of legislation, particularly the court's standards for legislative consistency and coherence. Contributions in Part IV explore the judicial examination of socio-empirical factors in rational lawmaking, including the scrutiny of legislative facts and the challenges posed by symbolic laws. Finally, Part V discusse