Description
Bloomsbury Publishing (UK) The Making of Constitutional Democracy: From Creation to Application of Law by Paolo Sandro
This book addresses a palpable yet widely neglected tension in legal discourse: the distinction between creating and applying law which is often dismissed by legal scholars.The book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so by combining insights from different disciplines (including history anthropology political science philosophy of language and philosophy of action) while also casting new light on long-standing issues in public law such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine.