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The Art of Legislating

  • Virgilio Zapatero Gómez
Book

Part of the Legisprudence Library book series (LEGIS, volume 6)

Table of contents

  1. Front Matter
    Pages i-xiv
  2. Virgilio Zapatero Gómez
    Pages 1-9
  3. Virgilio Zapatero Gómez
    Pages 11-23
  4. Virgilio Zapatero Gómez
    Pages 25-41
  5. Virgilio Zapatero Gómez
    Pages 43-65
  6. Virgilio Zapatero Gómez
    Pages 67-82
  7. Virgilio Zapatero Gómez
    Pages 83-100
  8. Virgilio Zapatero Gómez
    Pages 101-119
  9. Virgilio Zapatero Gómez
    Pages 121-138
  10. Virgilio Zapatero Gómez
    Pages 139-163
  11. Virgilio Zapatero Gómez
    Pages 165-176
  12. Virgilio Zapatero Gómez
    Pages 177-192
  13. Virgilio Zapatero Gómez
    Pages 193-204
  14. Virgilio Zapatero Gómez
    Pages 205-218
  15. Virgilio Zapatero Gómez
    Pages 219-226
  16. Back Matter
    Pages 227-228

About this book

Introduction

Any contemporary state presents itself as committed to the “rule of law”, and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary.

This book focuses on formal legality and the question of how to achieve good laws—a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of “good legislation” demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today’s legal systems, particularly in view of the silent revolution that is transforming our legality-based “states of law” into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author’s parliamentary and governmental experience; he was responsible for the Government of Spain’s legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco’s dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. Reflecting and elaborating on this experience, the book not only increases scholarly awareness of how laws are made, but above all, improves the quality of legislation and as a result the rule of law.


Keywords

Legislation theory Legisprudence Quality of legislation, legislative quality Legislative drafting Effects and impact of legislation Judicial Review Legal interpretation

Authors and affiliations

  • Virgilio Zapatero Gómez
    • 1
  1. 1.Facultad de DerechoUniversidad de Alcalá de HenaresAlcalá de HenaresSpain

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-030-23388-4
  • Copyright Information Springer Nature Switzerland AG 2019
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-030-23387-7
  • Online ISBN 978-3-030-23388-4
  • Series Print ISSN 2213-2813
  • Series Online ISSN 2213-2856
  • Buy this book on publisher's site