The Context Of Legislating

Download or read book Legislation in Context: Essays in Legisprudence written by Professor Luc J Wintgens and published by Ashgate Publishing, Ltd.. This book was released on 2013-01-28 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume set out to provide a rational framework for legislation. Whilst legislation and regulation is the result of a political process, this volume considers whether they can also be the object of theoretical study. It examines the problems that are common to most European legal systems by applying the tools of legal theory to legislative problems ('legisprudence'). While traditional legal theory deals predominantly with the question of the application of law by a judge, legisprudence enlarges the scope of study to include the creation of law by the legislator. The essays published in the volume develop a new range of insights into the relationship between legislative problems and legal theory in a way that will interest legal scholars throughout the world. Specifically the work will attract the attention of those involved with constitutional law, EU law, human rights law and legal theory.