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Meta-rules and constitutional law: 'co-regulating' legislative processes in Europe?

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Laying down the law with meta-rules

Pioneering research into the way laws are made is helping to raise awareness about the potential traps that bureaucracy poses with respect to preserving constitutional integrity.

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Legislation, whether it addresses economic, social or environmental objectives, is an integral part of modern society. While social scientists and legal scholars have contributed significantly to the legal dialogue, many of the processes that drive law-making today remain a mystery. European funding was put towards gaining a better understanding of these so-called meta-rules by focusing on what goes into law-making rather than on what comes out of it. The study, called 'Meta-rules and constitutional law: "co-regulating" legislative processes in Europe?' (Metarules), complements the European Commission's Better Regulation strategy. The face of law-making is changing, especially in Europe. A growing number of actors are involved in the process, many of whom do not possess formal legal training. Unfortunately, this can and does lead to potential distortions when socially acceptable norms are applied without regard to their constitutionality. Meta-rules are also thought to contribute to the trend towards increasing consultation and inclusiveness in the law-making process. This study has highlighted that only careful identification and assessment of meta-rules can ensure that our legal system is not being compromised by bureaucracy.

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