Rational Lawmaking under Review: Legisprudence According to the German Federal Constitutional Court

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. Judicial Review 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.