THE PROMULGATION OF NORMATIVE ACTS - THE LEGAL BASIS AND PRACTICE
Journal Title: Globalization, the State and the Individual - Year 2015, Vol 4, Issue 8
Abstract
The law is a major regulator of social life, in the sense that it defines pattems (orders, prohibitions, “frame”) of certain people behavior. However, it may become such a regulator only if it is known not only for those who are involved in the legislative process and establish legał norms, but also for their addressees, i.e. persons whose behavior should behave according to those standards. Unknown legał norm can not, of course, induces the desired effects, i.e. an intended by lawmaker behavior of the recipients of legał acts. This problem has also a broader social aspect, concerning knowl- edge of the law, legał consciousness of citizens, transparency of activities of the State apparatus etc. The case is also legał means which lead to real- ization of the idea of sovereignty, which can not be fulfilled under a secret rule-making, especially those relating to sphere of the rights and respon- sibilities of individuals. From this point of view, the matter of publication of legał acts has a close relationship with State actions based on rule of law. Public openness of the law is therefore a fundamental condition for the control of its correctness and compliance in practice. Openness (in the sense of the publication of legał acts) of the lawmaking process obviously can not completely prevent dangers of irregularities, but it may alleviate it to some extent.
Authors and Affiliations
Artur Preisner
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