Intelligibility of the Laws – A Desideratum Difficult to Achieve by the Romanian Legislator Cover Image

Inteligibilitatea legilor – un deziderat greu de atins de legiuitorul român
Intelligibility of the Laws – A Desideratum Difficult to Achieve by the Romanian Legislator

Author(s): Ramona Duminică
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: predictability; law; accessibility; clarity; „crisis of law”

Summary/Abstract: In the present Romanian society, characterized by economic and political radical changes we are witnessing a true „crisis of law”, a „pathology” of the law. The legislative act no longer appears as being necessary to put the reality in order the reality and to ensure the protection of the individual and his rights, but has become a solution among many others, an element of the program imposed by the party or parties holding the power. Based on these findings, this study aims to demonstrate that law loses more and more glamor and prestige, and this decay process is accelerated also by the poor quality of law drafting. Lack of clarity of law is a main obstacle to its accessibility because it isn’t enough to bring the law to the public’s knowledge by publication in the official journal, but accessibility involves intelligibility

  • Issue Year: II/2013
  • Issue No: 1
  • Page Range: 169-186
  • Page Count: 18
  • Language: Romanian