جستجوی مقالات مرتبط با کلیدواژه « legislative inflation » در نشریات گروه « فقه و حقوق »

The involvement of criminal law in establishing order in any society is essential. However, excessive intervention has led to criminal inflation, and this causes the judicial system of the country to face important problems, including a negative impact on judicial justice. The purpose of this article is to investigate the causes of legal criminal inflation in Iran and the challenges arising from it.The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is in the form of a library and it has been done by referring to books and articles.Lack of a coherent criminal policy, multiplicity of legislative authorities, lack of attention to customs and collective conscience, mixing of the border between wrongdoing and crime, unfavorable economic conditions, extreme criminalization and traditional approach in criminalization are the most important causes of legislative criminal inflation in Iran. Prohibition of the role of the country's legislative authorities, other than the Islamic Council, from legislating in the criminal field, increasing the technical and technical burden of the Islamic Council in establishing criminal rules, paying attention to the important principles of criminalization such as the principle of necessity, paying attention to social conscience in criminalization, Paying special attention to social prevention and applying a set of decriminalization policies in different dimensions are the basic solutions to face the challenges caused by criminal inflation.

Proper legislation, in addition to enacting laws that must have all the conditions and characteristics of a good law, such as: observance of the essential, formal and ceremonial principles of legislation, in the legislative dimension should also reduce the number of laws and improve the efficiency and quality of norms and Ultimately lead to the realization of the rule of law. In this study, using library studies and adopting a descriptive analytical approach, in response to the role and function of revision in the implementation of appropriate legislation, we came to the answer that: the function of revision of laws at two levels, posterior (after legislation) and a priori (during Legislation) can be reviewed. Subsequent revision is the recognition of the applicable law, where the inflation of the laws, the conflict of several laws, the complexity of the laws, etc. make it difficult to recognize the ruling law. But the revision during the situation was related to the legislative stages that; Preparing the legal system environment to increase the quality of laws, legislation based on real needs, reducing legislative inflation or extremist legislation, no need to amend and repeal laws, assigning former laws, etc. are some of its legislative functions to achieve appropriate legislation

One of the great problems of our society from the very beginning of the legislation in Iran in 1906 until now which passes more than one hundred years is that of law and legislation. Among these problems, the management of the massive volume of the laws and regulations is still a problem that needs consideration. The legislative inflation is so much that even lawyers confront difficulties in finding applicable rules. Though different attempts have been made since 1960s to manage the legislative inflation in Iran and two laws are enacted in 1971 and 2010 in this respect, but much of these efforts belong to the depuration and not codification. Depuration that means to recognize and remove repealed laws and regulations and to do some minor edits on them, is a part of the codification in its formal sense that is fulfilled in some countries such as United States, France and Argentina. The main purpose of the codification is to consolidate all existing laws (and regulations) regarding a given subject in a single text with a unified and comprehensive structure and to locate all articles and sub-articles in their proper place in this structure. In this sense, formal codification goes beyond the mere depuration. The research method is descriptive and analytic.

The term norm inflation appears to be a generalization, towards all sources of law, of legislative inflation, defined as a disproportionate increase in the volume and length of legislation. As with monetary inflation, the overabundance of sings risk causing their devaluation (Carbonnier). Is this a benign illness or the symptom of systemic pathology of the legal system? Is it specific to our time or has it been known before? Are the effects visible throughout the law or confined to particular areas of it? If norm inflation produces undesirable effects that deserve our attention, we should look at this scope, now and in the past, its foreseeable effects, its possible causes and remedies that might counter it. This article looks at the phenomenon of norm inflation, with reference mostly to Canada, France, the UK and the USA, and with a glance at the Iranian situation. The article demonstrates how economic analysis can be used to broach the matter.