Legal Principles and Legislative Instrumentalism

Research output: Chapter in Book/Report/Conference proceedingConference contributionScientific

Abstract

Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact, legislator, administration and judiciary, all active in framing the legal system, are bound by general legal principles. Therefore, if the instrumentalist legislator evidently fails to implement these fundamental legal principles, judges may be obliged to review the law for compatibility with these principles. Of course, the judiciary has to leave the - democratically legitimised - legislature a margin of appreciation.
Original languageEnglish
Title of host publicationPlurality and Law, IVR-Congress Amsterdam, 2001, Volume 2
Subtitle of host publicationState, Nation, Community, Civil Society
EditorsA. Soeteman
Place of PublicationWiesbaden
PublisherFranz Steiner Verlag
Pages16-27
Number of pages12
ISBN (Print)3515083626
Publication statusPublished - 2003

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