THE PROCESS OF CREATING THE LAW - THE STYLE OF THE LEGISLATIVE ACT

Emilian Ciongaru

FIAT IUSTITIA, 2017, vol. 11, issue 1, 78-82

Abstract: The mechanism of drafting a regulatory document is part of the complex process ofcreating and developing the law. In this process, the operation of developing a regulatorydocument is subsequent to the approach of establishing the legal concepts and notions, andespecially the rules and rigors of law. In this fundamental stage, it is necessary and useful tofound the word, the phrase and the expression formula of legal or non-legal concepts which canmake possible the drafting of the rules of law. The word and formula of combining words orexpressions are aimed at setting up the necessary mechanisms for the communication of all theconcepts, norms, regulations, rules and legal reasoning, fundamental in the presumption ofknowledge of the law. The essential concern of the person effectively drafting the regulatorydocument is to achieve a structure as comprehensive as possible that confers the architecture ofthat document a full integration into the legislative system, while achieving some individualregulatory prescriptions capable of integrating into the system of the law and the specific legalorder. In accordance with the standards and rigors of the legislative technique, therequirements of the wording of the legislative solutions, in order to be better understood bythose who apply the law, but also by the litigants, define the style of a regulatory document.

Keywords: law; regulatory document; rules of law; legal order; legislative system (search for similar items in EconPapers)
JEL-codes: K40 (search for similar items in EconPapers)
Date: 2017
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