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Theory of Legitimacy of Delegated Legislation

Zhou Shao-qing

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Abstract

Discusses the legitimacy of delegated legislation from the viewpoint of historical and theory of legislation, indicates its certain historical inevitability and its deficiency in legitimacy which contradicts the most important constitutional principles such as principle of democracy and rule-by law; analyses the remedial measures to the deficiency in legitimacy of the delegated legislation taken by some countries in the world as well as its meanings in jurisprudence . In the end the article also probes into the theoretical and practical values of the delegated legislation in China.

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What this paper is about

Discusses the legitimacy of delegated legislation from the viewpoint of historical and theory of legislation, indicates its certain historical inevitability and its deficiency in legitimacy which contradicts the most important constitutional principles such as principle of democracy and rule-by law; analyses the remedial measures to the deficiency in legitimacy of the delegated legislation taken by some countries in the world as well as its meanings in jurisprudence . In the end the article also probes into the theoretical and practical values of the delegated legislation in China.

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Available abstract

Discusses the legitimacy of delegated legislation from the viewpoint of historical and theory of legislation, indicates its certain historical inevitability and its deficiency in legitimacy which contradicts the most important constitutional principles such as principle of democracy and rule-by law; analyses the remedial measures to the deficiency in legitimacy of the delegated legislation taken by some countries in the world as well as its meanings in jurisprudence . In the end the article also probes into the theoretical and practical values of the delegated legislation in China.

Key concepts: Legislation, Legitimacy, Jurisprudence, Law, Political science, Democracy, Law and economics, Sociology

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