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Towards a Rational Legislative Evaluation in Criminal Law

Towards a Rational Legislative Evaluation in Criminal Law

Author: Marta Munoz de Morales Romero Adan Nieto Martin
Publisher: Springer-Verlag
ISBN: 9783319328942
Published In: September 2016
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts' control over criminal acts.

Part I Fundamentals of Policy Evaluation: Alberto Munoz Arenas, Theoretical and Procedural Aspects of the Evaluation of Public Policies

Ana Perez Cepeda, Crime Statistics in the European Union

Inigo Ortiz de Urbina Gimeno, Economics as a tool in legislative evaluation: cost-analysis, cost-efficacy and cost-benefit

Part II Comparative Experiences: Samuel Rodriguez Ferrandez, Legislative Evaluation in Spain: Its Necessary Application in the Approval of Criminal Law Reforms

Jose Becerra Munoz, Institutional redesign proposal for the preparation of Criminal Policy by the Government. The focus on ex ante evaluations

Manuel Maroto Calatayud, Criminal policy Evaluation and rationality in legislative procedure: the example of Sweden

Marta Munoz de Morales Romero, Codification and Legislative Technique in the United States of America

Andreas Hoyer, Criminal Law legislation in Germany

Fernando Guanarteme Sanchez-Lazaro, Evaluation and European Criminal Law: The Evaluation Model of the Commission

Part III Evaluation and axiological validity: Pablo Rando Casermeiro, Prejudice and intellectual property. Music theft as an example of empirical measurement of damage

Ana Prieto del Pino, The proportionality principle and its content of rationality in a broad sense: The principle of subsidiarity

Part IV Evaluation and judicial control: Juan Antonio Lascurain, Constitutional control of Criminal law

Luis A. Velez Rodriguez, Controlling the constitutionality of Criminal law against the onslaught of irrational criminal polity

Part V Conclusions: Adan Nieto Martin,< A necessary triangle: the science of legislation, the constitutional control of criminal laws and experimental legislation.