La toma de decisiones legislativas penales
This work intends to present briefly the most important aspects of a crucial problem for current Criminal Law which is the improvement of law-making processes, as well as a proposal for its consideration from our Executive and Legislative powers. The subject is approached from a interdisciplin...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Centro de Estudios Políticos y Constitucionales
2013
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4560811 |
| Source: | Revista española de derecho constitucional, ISSN 0211-5743, Año nº 33, Nº 99, 2013, pags. 125-158 |
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| Summary: |
This work intends to present briefly the most important aspects of a crucial problem
for current Criminal Law which is the improvement of law-making processes, as well as
a proposal for its consideration from our Executive and Legislative powers. The subject
is approached from a interdisciplinary approach to analyse from different perspectives
the institutional and political structure that sustains a drafting technique to which quality
is not an essential goal. On this premise I pretend to set the basis of a criminal policy
decision making new model. Such model integrates several partial models of decisionmaking
currently existing: the first of them combines contributions from organizational
theory, public administration and public policy analysis; the second one is the current
legislative process formed by successive stages, to which information about criminal
legislation production in several countries is added (regarding both governmental and
parliamentary phases in France, Germany, Italy, Spain, the United Kingdom and the
United States); and the third is the criminal legislative decisions model of rationality,
recently described, which uses five levels of rationality: ethic, teleological, pragmatic,
formal and linguistic |
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