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“LEGISLATIVE INFLATION” – AN ANALYSIS OF THE PHENOMENON IN CONTEMPORARY LEGAL DISCOURSE

Dace Šulmane
Keywords: Legislative inflation, European legal development, symbolic laws, effectiveness of law, legal nihilism ,

Abstract

 The article analyses the phenomenon of legislative inflation from three perspectives: historical, legal and political. The term “legislative inflation” is widely used by various European legal and political scientists and means an increase in the amount of legal norms. Issuing a considerable number of new legal norms consequently raises the question about the balance between the quality and quantity of the work of the legislator(s). There are three relatively similar, yet essentially different terms: “effectiveness, efficacy and efficiency” of laws, each of which should be considered and evaluated by legislators. Legislative inflation, if not adequately perceived, can lead to legal nihilism – a phenomenon mostly attributed to Russian and post-Soviet societies, but by substance an acute problem in all Western societies.