Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2025.62.155.21
Symbolic Legislation, Efficacy, Effectiveness and Legislative Error
Carolina Fernández Blanco
orcid.org/0000-0002-0301-4024
; Universitat de Girona
Sažetak
Symbolic legislation is often described as “irrational” and “deceptive”. However, this characterization fails to recognise that symbolic legislation is always a matter of degree and that these adjectives can only apply to primary or predominantly symbolic legislation. A characteristic pattern for predominantly symbolic legislation is a problem with the efficacy and/or effectiveness of the norms in connection with a symbolic aspect. In other words, lack of efficacy and/or effectiveness is not the only characteristic of primary symbolic legislation. In this paper, after attempting to characterise predominantly symbolic legislation in more detail, two analyses of legislative activity are presented: The entrenched notion that predominantly symbolic legislation is always intentionally created is challenged, thereby refuting the notion that it is necessarily “deceptive”. An assessment of its quality is then made based on certain parameters proposed by legislative theory; based on this analysis, the idea of irrationality or lack of quality - mainly due to the lack of efficacy and effectiveness - is accepted.
Ključne riječi
symbolic legislation; effectiveness; efficacy; legislative quality; legislative error
Hrčak ID:
331239
URI
Datum izdavanja:
31.3.2025.
Posjeta: 232 *