Rationality of the Legislative Process as a Material Element in Constitutional Control
In: RphZ – Rechtsphilosophie Zeitschrift für Grundlagen des Rechts
Autora: Raquel Lima Scalcon
This essay will analyze the possible relations between the rationality of the legislative process and the constitutionality of a new law. The analysis is founded on the following question: should the rationality of the legislative process be a material element in the control of constitutionality? Bearing in mind that the technical complexity of lawmak- ers’ choices will not eliminate the overtly political nature of that choice, we will start with the hypothesis that laws would potentially be better written if they are the outcome of a more rational legislative process. Similarly, lawmakers will have additional respon- sibility for the decisions they made, as well as for the material effects that new legisla- tion will have on fundamental rights.
SCALCON, Raquel. Rationality of the Legislative Process as a Material Element in Constitutional Control. In: RphZ – Rechtsphilosophie Zeitschrift für Grundlagen des Rechts. 5. Jahrgang, Seite 1-118. 1/2019.