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The "Scientific Reasonableness" of Laws in Constitutional Case Law

  • Abstract

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Keywords: Principle of Reasonableness; Bioethics; Constitutional Case Law

The Author focuses on the principle of reasonableness as applied in constitutional case law especially in the field of scientifically controversial medical issues. This analysis reveals an unprecedented scientific dimension of the principle of reasonableness, which involves the discretionary exercise of legislative power in the medical field. This discretionary power is limited so as to leave the decision on what is considered "scientifically binding" either to individual physicians in specific cases or to technical consultants that have the aim of orienting the legislative process.

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