Rational Lawmaking under Review

Klaus Meßerschmidt, Dr. iur., is adjunct professor of public law at Humboldt University of Berlin and lecturer at the University of Erlangen-Nürnberg. He obtained his doctorate in law at the University of Trier (1986) and his habilitation at the University of Berlin (2000). His research concentrates on legisprudence, originating from his postdoctoral thesis on legislative discretion (Gesetzgebungsermessen), and environmental law. His teaching interests are in constitutional and European law. His recent publications include a textbook on European Environmental Law (Europäisches Umweltrecht, München, C. H. Beck, 2011).A. Daniel Oliver-Lalana, Dr. iur., LL.M. (Genova), is currently a Ramón y Cajal Fellow at the University of Zaragoza’s Law Faculty, where he lectures on jurisprudence. His works include a book on legal communication (Legitimidad a través de la comunicación, 2011), a socio-legal study on data protection law (Derecho y cultura de protección de datos, 2012, with J.F. Muñoz) and The Rationality and Justification of Legislation (2013, co-edited with L. Wintgens).

• Foreword; Luc J. Wintgens.- 1 On the “Legisprudential Turn” in Judicial Review: An Introduction; A. Daniel Oliver-Lalana and Klaus Meßerschmidt.- Part I. Judicial Review, Democracy, and Legislation Theory.- 2 Constitutional Courts and Democracy. Facets of an Ambivalent Relationship; Gertrude Lübe-Wolff.- 3 Paths towards Better Legislation, Detours and Dead-ends: An Appraisal of Consultation with Independent Experts, Justifications for Legislation, Impact Assessments and Controls of Efficacy; Helmuth Schulze-FielitzPart.- II. Judicial Review of Legislative Rationality and Justification.- 4 Rationality Requirements on Parliamentary Legislation under a Democratic Rule of Law; Bernd Grzeszick.- 5 The Generality of the Law. The Law as a Necessary Guarantor of Freedom, Equality and Democracy, and the Differentiated Role of the Federal Constitutional Court as a Watchdog; Gregor Kirchhof.- 6 On Constitutional Duties to Give Reasons for Legislative Acts; Christian Waldhoff.- Part III. JudicialReview of Legislative Consistency and Systematicity.- 7 The Obligation of Consistency in Lawmaking. Using the Example of the Ban on the Private Sale of Public Lottery Tickets and its Review by the Federal Constitutional Court; Christian Bumke.- Inconsistent Legislation; Matthias Rossi.- 9 Judicial Review of Tax Laws: The Coherence Requirement; Roland Ismer.- Part IV. Judicial Review of Legislative Facts and Impacts.- 10 Legislative Margins of Appreciation as the Result of Rational Lawmaking; Christian Bickenbach.- 11 Due Post-Legislative Process? On the Lawmakers’ Constitutional Duties of Monitoring and Revision; A. Daniel Oliver-Lalana.- 12 Efficacy, Effectiveness, Efficiency – From Judicial to Managerial Rationality; Ulrich Karpen.- 13 Symbolic Legislation under Judicial Control; Angelika Siehr.- Part V. Legislative Balancing, Proportionality, and Process Review.- 14 Rational Lawmaking, Proportionality and Balancing; Jan Sieckmann.- 15 The Procedural Review of Legislation and the Substantive Review of Legislation – Opponents or Allies?; Klaus Meßerschmidt.- Index.- About the Authors.