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Book
Legislative delegation : the erosion of normative limits in modern constitutionalism
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ISBN: 364244394X 364222329X 9786613768230 3642223303 1280996625 Year: 2012 Publisher: New York : Springer,

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Abstract

An overarching question of contemporary constitutionalism is whether equilibriums devised prior to the emergence of the modern administrative-industrial state can be preserved or recreated by means of fundamental law. The book approaches this problem indirectly, through the conceptual lens offered by constitutional developments relating to the adoption of normative limitations on the delegation of law-making authority. Three analytical strands (constitutional theory, constitutional history, and contemporary constitutional and administrative law) run through the argument. They merge into a broader account of the conceptual ramifications, the phenomenon, and the constitutional treatment of delegation in a number of paradigmatic legal systems. As it is argued, the development and failure of constitutional rules imposing limits on legislative delegation reveal the conditions for the possibility of classical limited government and, conversely, the erosion of normativity in contemporary constitutionalism.

Keywords

Administrative law. --- Constitutional law. --- Delegation of powers. --- Law. --- Law, Politics & Government --- Law, General & Comparative --- Constitutional history. --- Democracy. --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Self-government --- Constitutional history, Modern --- Interpretation and construction --- History --- Political science. --- Law --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Constitutional Law. --- Political Science. --- Theories of Law, Philosophy of Law, Legal History. --- Private International Law, International & Foreign Law, Comparative Law. --- Administrative Law. --- Philosophy. --- Public law --- Administrative law --- Political science --- Equality --- Representative government and representation --- Republics --- Private International Law, International & Foreign Law, Comparative Law . --- Administration --- Law, Administrative --- Public administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Law and legislation --- Law—Philosophy. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Civil law

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