جستجوی مقالات مرتبط با کلیدواژه « substantial flaws » در نشریات گروه « علوم سیاسی »

Legislative inflation or great quantity of law is among the major problems of (post) modern societies. First of all the main causes of the aforementioned problem were analyzed in this article which was presented in the Forth Benelux-Scandinavian Symposium on legal theory. The author discuses whether the ''bad legislation'' is among the significant causes of the great legislative quantity. What is the meaning of the ''bad legislation?'' Answering to this question he examines substantial flaws, technical and means-end flaws of the legislation. Substantial flaws are considered on the basis of several sets of the criteria consists of moral, political, legal criteria and practical disharmony. Technical flaws including logical inconsistencies, difficult language and too casuistic or determinate legislation or too general indeterminate or discretionary legislation are examined in next part. At the end the author analyzed the role of the means-end flaws in legislative inflation which means the failure of the legislature to reach to his values based goals by adopting the laws and regulations as means. In conclusion author emphasizes on the importance of the '' legal definition'' and states that this approach is very helpful for managing the problem of legislative inflation.