Parliamentary scrutiny of the quality of legislation in Germany

被引:0
|
作者
Rossi, Matthias [1 ,2 ]
机构
[1] Augsburg Univ, Fac Law, D-86159 Augsburg, Germany
[2] Augsburg Univ, Fac Law, Chair Constitut Adm & EU Law & Legislat Studies, Augsburg, Germany
来源
THEORY AND PRACTICE OF LEGISLATION | 2021年 / 9卷 / 02期
关键词
Legislation; quality; legal formality; regulation; parliament;
D O I
10.1080/20508840.2021.1904566
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
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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页码:181 / 202
页数:22
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