Unit:
Κατεύθυνση Δημόσιο ΔίκαιοLibrary of the School of Law
Supervisors info:
Αικατερίνη Ηλιάδου, Επίκουρη Καθηγήτρια, Τομέας Δημοσίου Δικαίου, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Η ΑΙΤΙΟΛΟΓΙΑ ΤΩΝ ΝΟΜΩΝ. Από τη ratio στη justificatio.
Translated title:
The Foundation of the Law. From ratio to justificatio.
Summary:
The main idea of the essay titled “The Foundation of the Law. From ratio to justificatio” is the emergence of the rational law making as a prerequisite for the salvation of the Social Rule of Law, in the current historical conjuncture. In the first part, the proof of the original theorem was attempted, namely the decline of the limited judicial review concerning the justification of the legislative choices. In the second part, the conversion of the judicial review to a true external control of the legislator was remarked, indicating the change of the qualitative features of the judicial findings. Moreover, the main causes of the crucial role of the judge in the modern national State were sought.
Concerning the structure and the methodology set up, it is noted that the essay did not jump into detailed conclusions or suggestions, nor to closing thoughts. Mostly, there was attempted the factual registration of some findings, through observation, with the maintenance of value neutrality, as much as possible. In other words, the issue was approached technically, with a sense of legal realism.
In conclusion, there was emphasized the necessity of the foundation of the legislative decision, in an original but anorthodox way.
Main subject category:
Law and Legislation
Other subject categories:
Public Law
Keywords:
justification of the law, rational law making, judicial review of constitutionality, political question doctrine
Number of references:
177
File:
File access is restricted only to the intranet of UoA.
H ΑΙΤΙΟΛΟΓΙΑ ΤΩΝ ΝΟΜΩΝ.pdf
2 MB
File access is restricted only to the intranet of UoA.
