A Dynamic Reflection on the Factual State of Affairs Through an Experimental Norm
Author: Pečarič, Mirko
Source: Legisprudence, Volume 5, Number 3, December 2011 , pp. 273-295(23)
Publisher: Hart Publishing
Abstract:The role of experiment has been neglected in legal science regardless on the given emphasis to the science of public administration. Big changes in the environment and technological development force legal norms to reflect as much as possible actual situations, because in that way they can only influence them in effective manner. A different reflection on the reality is seen in the French experiment, American sunset clause, British Henry VIII clause and European precautionary principle. Because the public administrations prepare the largest number of bills for the primary and makes' secondary legislation, they should use more often legal norms which are only temporarily valid: norms that would depend on time, criteria and other characteristics that would reflect more closely the true factual situation. The leitmotiv is the scientific-legal experiment.
Document Type: Research Article
Publication date: December 2011
- Legisprudence aims at contributing to the improvement of legislation by studying the processes of legislation from the perspective of legal theory. The content of the journal covers legislation in a broad sense. This comprises legislation in both the formal and the material sense (from national and European parliaments, regulation, international law), and alternatives to legislation (covenants, sunset legislation, etc.). It also takes in regulation (pseudo-legislation, codes of behaviour and deontological codes, etc.). The journal is theoretical and reflective. Contributions to the journal make use of an interdisciplinary method in legal theory. Comparative and system transcending approaches are encouraged. Sociological, historical, or economic studies are taken into account to the extent that they are relevant from the perspective of interdisciplinary legal theory. Dogmatic descriptions of positive law are not taken into consideration.
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