Legisprudence in crisis in consideration of EU law and US law

• Applicant: Professorin Dr. Angela Schwerdtfeger
• Subject Area: Public Law
• Term: from 2013 to 2017
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 234766738

Legisprudence in crisis bears a twofold meaning: Firstly, the German science of legislation is caught in a crisis itself. After a vital discussion during the 1970s and 1980s, research on legislation has decreased decisively. Secondly, the project seeks to review the science of legislation and to adapt it to current challenges, taking legislation in crisis situations as starting point. The anti terrorism legislation as well as legislation dealing with the financial crisis and nuclear energy shall serve as practical examples of international significance.One part of the research project will focus on the legislative process and its two dimensions: the legislative process as described in the Grundgesetz (German Basic Law) and the unwritten aspects of the decision-making and drafting process. Another part of the project will be dedicated to the creation of provisions, including aspects of temporary legislation and the duty of the legislature to adjust Acts of Parliament. Building on the two preceding parts of the project, a third part will draw the consequences for the concept and function of Acts of Parliament and their role within the whole system of legal acts, as well as for the separation of powers. Due to the significance of European Union law for German legislation, each part of the project will pay particular attention to supranational influences on the one hand, and the handling of the examined issues at the European Union level itself on the other hand. Additionally, further findings shall be drawn from a comparison with the US law.Crisis situations constitute a mirror for legislative developments in general. They can be characterized by their urgency, the reaction to concrete events, the increasing complexity of the legislative object and the resulting insecure factual basis. These characteristics are common for the development of legislation in general. Their examination in the context of crisis situations does therefore allow conclusions for legisprudence in general that will contribute to better legislation capable of coping with current challenges.

• DFG Programme: Research Grants