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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Discretion of the Legislative Body

Stephan Koloßa

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 08 December 2022

Subject(s):
Legislative independence — Implied powers — Approval of general legislation — Extraordinary legislative sessions — Initiation of general legislation — Legislative rules and restrictions — Special legislation — Members of legislative body — Parliamentary systems — Legislative accountability

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 For the purposes of this analysis, the notions of ‘discretion of the legislative body’ and ‘legislative discretion’ are used interchangeably. Legislative discretion is a concept that describes the power vested in the legislative body by the respective constitution to create and adopt laws that prohibit, regulate, and encourage activities (legislative bodies). Generally, the legislature may exercise such power without or with only limited restraints, provided it abides by its constitutional provisions. 2 The essential idea in democratic states is that a...
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