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Legislative inflation – an important cause of the dysfunctions existing in contemporary public administration

Mihai Badescu ()
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Mihai Badescu: Department of Law, Bucharest University of Economic Studies, Member of the Academy of Scientists of Romania

Juridical Tribune (Tribuna Juridica), 2018, vol. 8, issue 2, 357-369

Abstract: The study analyzes one of the major causes of the malfunctions currently in public administration: legislative inflation. Legislative inflation (or normative excess) should be seen as an unnatural multiplication of the norms of law, with negative consequences both for the elaboration of the normative legal act, the diminution – significant in some cases – of its quality, but also with regard to the realization of the law, especially in the enforcement of the rules of law by the competent public administration entities. The study proposes solutions to overcome these legislative dysfunctions, the most important of which refer to the rethinking of the current regulatory framework, the legislative simplification, the improvement of the quality of the law-making process, especially by complying with the legislative requirements (principles), increasing the role of the Legislative Council. The methods of scientific research used are adapted to the objectives of the study: the logical method - consisting of specific procedures and methodological and gnoseological operations, to identify the structure and dynamics of the legal system of contemporary society; the comparative method – which allows comparisons of the various legal systems presented in this study; the sociological method – which offers a new perspective on the study of the legal reality that influences society in the same way as it calls for the emergence of new legal norms; the statistical method – which allows statistical presentation of the most relevant data that configures the analyzed phenomenon. The study aims to raise awareness of the negative effects of regulatory excess. This, along with the legislative instability, as present in the current legislative landscape, not only generates a diminution in the quality of the law, but also builds the trust in its power to ensure justice, promote and protect the rights of the individual. Overproduction of laws gives rise to serious distortions in the application of the law, sometimes even to the impossibility of applying it, thus annihilating the balance that should exist between norms and their application.

Keywords: law; inflation; public administration; normative excess; law enforcement (search for similar items in EconPapers)
JEL-codes: K10 K23 K42 (search for similar items in EconPapers)
Date: 2018
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Handle: RePEc:asr:journl:v:8:y:2018:i:2:p:357-369