The relationship between law and politics is one of the most discussed topics in legal theory. There is no consensus on the scope and scope of the political and legal element of the law. Legislation or legislation is conceptually ambiguous because it refers to the law that has been promulgated, and thus the main objective of many modern legal theories, but also of the process of its production, which many legal theories generally place outside the realm of jurisprudence and especially in the realm of politics. The first section presents the problem of legislation by distinguishing a number of different problems which often appear vaguely under this name. Viewpoints can be viewed on a spectrum ranging from legal theories that view politics primarily as permeating the law to those that claim the opposite (Section B). The aim is to situate Hägerström`s view of legislation along this spectrum. My assertion is that Scandinavian realism takes a common ground insofar as ideological constructs structurally influence law, but legal normativity cannot be reduced to the will of de facto rulers: law cannot be reduced to any notion of will, including that of the majority or the people. To support this claim, the article examines Hägerström`s view on the basis of a new constitution according to a political revolution (section C), the ultimate touchstone for maintaining the (non) distinctive character of law and politics. His conclusion is that because of his non-cognitivist approach (Section E), the problem cannot be explained in terms of public interest discovery (Section D). But neither can it be explained by decision-making (section F). Legislation here amounts to access to technical procedures based on a form of faith or, in its own words, on “ideas which govern the minds of men” (section H). The Theory and Practice of Legislation (Former Legislation), Volume 1, Number 1, June 2013 , pp. 7-32(26) Table of Contents Pierre Brunet, Introduction A – Scandinavian Realism Patricia Mindus, Axel Hägerström on legislative TT.

Arvind, Vilhelm Lundstedt and the Social Function of Legislation Torben Spaak, Karl Olivecrona on Legislation Eric Millard, Alf Ross and Realist Concepts of Legislation B – American Realism Danni Hart, Cross Purposes and Unintended Consequences: Karl Llewellyn, Article 2 and the Limits of Social Transformation Michael S. Green, Felix Cohen on Legislation Frank B. Cross, The New Legal Realism and the Interpretation of Laws C – Questioning Realism Today Alvaro Nunez Vaquero, Towards Realist Dogmatic Pierluigi Chiassoni, A Little Realism on Hanoch Dagan Legislation, Legislating for Legal Realists Discovered by Natural Reason, and That Ordinary Human Law Is True Right Only if it is in accordance with these principles. Seite 1. CHRISTOPHER F. ZURN DELIBERATIVE DEMOKRATIE UND VERFASSUNGSÜBERPRÜFUNG ⋆ (Angenommen am 18. Juni 2002) I. DIE GEGENMAJORITÄRE SCHWIERIGKEIT BEI DER GERICHTLICHEN ÜBERPRÜFUNG Für mich selbst wäre es .