Tsarapatsanis, D. orcid.org/0000-0002-6419-4321 (2018) Representative legislatures, grammars of political representation, and the generality of statutes. Ratio Juris, 31 (4). pp. 444-459. ISSN 0952-1917
Abstract
This article explores the claim that representative legislatures should create general legal norms. After distinguishing the requirement that statutes be general from the broader rule‐of‐law idea that law be general, I concentrate on the French constitutional tradition to argue that the plausibility of the claim turns on the elucidation of a set of social norms and understandings about the proper role of representative legislatures mediating between abstract ideals of the common good and local practices. I call these norms grammars. The article then briefly compares the French “Sieyèsian” with the US “Madisonian” grammar of political representation regarding the issue of the generality of statutes and concludes with a plea for an in‐depth comparative investigation into different such grammars.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2018 The Author / Ratio Juris / John Wiley & Sons Ltd. This is an author produced version of a paper subsequently published in Ratio Juris. Uploaded in accordance with the publisher's self-archiving policy. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 14 May 2018 13:54 |
Last Modified: | 19 Nov 2020 01:38 |
Published Version: | https://doi.org/10.1111/raju.12226 |
Status: | Published |
Publisher: | Wiley |
Refereed: | Yes |
Identification Number: | 10.1111/raju.12226 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:130657 |