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8 Juridical Trib. 357 (2018)
Legislative Inflation: An Important Cause of the Dysfunctions Existing in Contemporary Public Administration

handle is hein.journals/juridtrib8 and id is 357 raw text is: 





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

                                                       Professor  Mihai   BADESCUl

         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 Bldescu - Department of Law, Bucharest University of Economic Studies, Member of the
  Academy of Scientists of Romania, badescu.vmihaiggmail.com.

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