有效性并不总是等同于立法质量:以希腊第15届议会任期为例

IF 0.3 Q3 LAW Statute Law Review Pub Date : 2023-04-01 DOI:10.1093/slr/hmad001
Ioannis Primpas
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引用次数: 0

摘要

在关于质量在立法中意味着什么的科学辩论中,一种观点已经传播开来,即质量好的立法与有效的立法是同义词。本文论述了立法的有效性并不一定等同于立法的质量。在严重的债务危机中,希腊第15届议会任期就是一个典型的例子。在这个任期内,希腊议会历史上出现了最激烈、最大量的“坏”、违宪的立法现象。然而,这种立法的效果是非常积极的,因为希腊经济的所有指标都有了惊人的改善。然而,反民主立法不是定性立法;即使是独裁政权也可以制定有效的法律。但是,在民主法治国家,法律的制定过程、内容和草案的形式都必须遵循宪法和议会议事规则;立法机关有义务根据法律制定法律。遵守规定的程序尤其重要,因为它是实现良好立法质量的保证。毕竟,谁也无法在立法之初就预见到最优质的内容,因为它是在遵循规定程序的过程中,经过创造性的发酵和趋势的平衡而形成的。
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Effectiveness Does Not Always Equate to Legislative Quality: The Case of the 15th Parliamentary Term in Greece
In the scientific debate about what quality means in legislation, the opinion has spread that legislation of good quality is synonymous with effective legislation. This article discusses that effectiveness does not always equate to legislative quality. The example of the 15th parliamentary term in Greece, amid the acute debt crisis, is typical. The most intense and numerous phenomena of ‘bad’, unconstitutional law-making in recent Greek parliamentary history were observed during this term. Nevertheless, the effects of this kind of legislation were remarkably positive since all the indicators of the Greek economy improved spectacularly. Yet, anti-democratic legislation is not qualitative legislation; even an authoritarian regime can enact effective laws. In a democratic rule of law, however, the law-making processes, the content, and the form of drafts must follow the Constitution and the Standing Orders of the Parliament; the legislature is obliged to produce law by the law. Particularly adherence to the prescribed procedures is of vital importance, as it functions as a guarantee of achieving good legislative quality. After all, no one can foresee the best quality content at the start of the legislative process since it is formed after creative fermentation and balancing of tendencies while following the prescribed procedures.
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来源期刊
CiteScore
0.50
自引率
0.00%
发文量
10
期刊介绍: The principal objectives of the Review are to provide a vehicle for the consideration of the legislative process, the use of legislation as an instrument of public policy and of the drafting and interpretation of legislation. The Review, which was first established in 1980, is the only journal of its kind within the Commonwealth. It is of particular value to lawyers in both private practice and in public service, and to academics, both lawyers and political scientists, who write and teach within the field of legislation.
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