Abstract:
Legislation is a field of knowledge that, despite its great importance, was neglected and ignored for some time due to the influence of the principle of legal sovereignty and the social contract theory, which posits the immunity of the general will from error, aggression, and arbitrariness. However, in recent years, with the revelation of the illusory nature of this principle in representative democracies, legal doctrine in progressive countries has turned to formulating methods and principles of codification inspired by legal theories, principles contained in constitutions, and the judicial precedents of constitutional courts. In such a way that the efforts of jurists and law-governed governments, along with their attention to the methods and achievements of various social sciences, promise the gradual evolution of a science known as the science of legislation.
Machine summary:
On the other hand, four important principles governing the legislative method that the German Constitutional Court has deemed the legislator obliged to observe are as follows:22 1- Investigation, identification, and proof of realities that are the basis and foundation of enacting the law.
Droits fondamentaux Equality before the law, the prohibition of arbitrariness and despotism, and the principle of proportionality and compatibility, as a fundamental right or basic principle (included in the constitution), are among the rules that obligate and compel the legislator to observe a minimum level of legislative rationality29.
Principe d''interdiction de l''arbitraire (34)- Art. 9-Protection contre l''arbitraire et protection de la bonne foi Toute personne a le droit d''e?tre traite?e par les prganes de l''Etat sans arbitraire et conforme?ment aux re?gles de la bonne .
57 ets 3-The Principle of Proportionality44 According to paragraph two of article five of the Swiss Federal Constitution45, sovereign acts must be in line with the provision of public interests and proportional to the intended goal, and paragraph 3 of article 36 of this law46 has also made the restriction of fundamental rights contingent upon such proportionality47.
4-La Confe?de?ration et les cantons respectent le droit international (46)- Art. 36-Restriction des droits fondamentaux 1-Toute restriction d''un droit fondamental doit e?tre fonde?e sur une base le?gale.
Les cas de danger se?rieux,direct et imminent sont reserves 2-Toute restriction d''un droit fondamental doit e?tre justifie?e par un inte?re?t public ou par la protection d''un .
(
, 
, 
)
