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

Author:Mihai Badescu
Position:Member of the Academy of Scientists of Romania
Pages:357-369
SUMMARY

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,... (see full summary)

 
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Legislative inflation an important cause of the dysfunctions
existing in contemporary public administration
Professor Mihai BĂDESCU 1
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.
JEL Classification: K10, K23, K42
1. Introduction
Contemporary society faces, among other things, an acute crisis of law,
both in terms of enacting the law and applying it.
1 Mihai Bădescu Department of Law, Bucharest University of Economic Studies, Member of the
Academy of Scientists of Romania, badescu. vmihai@gmail.com.

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