德国议会对立法质量的审查

IF 1.5 Q1 LAW

Theory and Practice of Legislation Pub Date : 2021-03-29 DOI:10.1080/20508840.2021.1904566

Matthias Rossi

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引用次数: 0

摘要

在德国，议会没有详尽的制度化的审查程序来确保法律的质量。国会议员和议会行政部门都没有责任进行这种质量审查。事实上，德国的立法程序借鉴了质量审查的多元概念:要求所有参与立法的机关和个人确保良好的立法质量。这一概念强调民主原则的政治现实，而不是法治产生的法律合理性，因此接受基于民主合法性的劣等法律，而不是好法律，后者反过来又不依赖于民主不合法的委员会的专门知识。这些极点之间的平衡只能在时间中找到:毕竟，法律是可修改的，因此具有适应性和改进性。

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Parliamentary scrutiny of the quality of legislation in Germany

ABSTRACT In Germany, there is no exhaustive institutionalised process of scrutiny for parliament to ensure the quality of laws. Neither the members of parliament nor the parliamentary administration are tasked with this quality review. In fact, the German legislative procedure draws on a pluralistic concept of quality review: all organs and persons involved in legislation are called upon in order to ensure good legislative quality. This concept stresses the political reality of the principle of democracy, rather than the legal rationality resulting from the rule of law, and therefore accepts inferior laws based on democratic legitimacy rather than good laws that in turn do not rely upon the expertise of democratically non-legitimated committees. An equilibrium between these poles can only be found in time: after all, laws are amendable, thus adaptive and improvable.

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来源期刊

Theory and Practice of Legislation LAW-

CiteScore

4.50

自引率

10.00%

发文量

期刊介绍： The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.