Work on better law-making and quality of legislation has boomed over the last decade. It is often cast as a gateway to law that better lives up to its very nature of rule-making in a normatively valuable sense, where societal challenges can be meaningfully tackled and goals achieved. There is a growing literature on the...
Tag: <span>Patricia Mindus</span>
Arbitrary Law-making: Analysis of a Contested Concept
Arbitrariness is detrimental to the legitimacy of any rule in a deep and decisive way. Yet, it is poorly understood and underexplored. This is regrettable because we need a better and more articulate understanding of it in order to use this key notion, in particular with regard to the so-called constitutional quality of legislation. In...