This article aims to demonstrate how the theory of objective imputation of results enriches this examination, as well as to suggest ways of its application.
Rationality of the Legislative Process as a Material Element in Constitutional Control
In: RphZ – Rechtsphilosophie Zeitschrift für Grundlagen des Rechts
Author: Raquel Lima Scalcon
Year: 2019
Synopsis:
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 lawmakers’ 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 responsibility for the decisions they made, as well as for the material effects that new legislation will have on fundamental rights.
How to quote:
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.
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