The theory and practice of legislation : essays in legisprudence / edited by Luc J. Wintgens ; assistant editors Philippe Thion and Melanie Carly.

Format:

Book

Contributor:

Carly, Melanie.

Thion, Philippe.

Wintgens, Luc.

Series:

Applied legal philosophy.

Applied legal philosophy

Language:

English

Subjects (All):

Legislation.

Legislative power.

Law--Political aspects.

Law.

Constitutional law--Philosophy.

Constitutional law.

Physical Description:

1 online resource (363 pages)

Edition:

1st ed.

Place of Publication:

London ; New York : Routledge, 2016.

Summary:

This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. 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.

Contents:

pt. I. Legisprudence : theoretical issues

pt. II. Constitutionalism, legalism and democracy

pt. III. Politics, legislation and legitimacy

pt. IV. Practical reason, argumentation and interpretation

pt. V. Practical issues.

Notes:

First published 2005 by Ashgate Publishing.

Includes bibliographical references.

Description based on print version record.

ISBN:

1-351-88126-4

1-138-26408-3

1-315-23684-2

9781315236841

OCLC:

975222213