THE LEGISLATIVE CONSTRUCTION OF REALITY. A SHORT REFLECTION

• Main Author: RAMONA DUMINICA
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2011-04-01
• Series: Challenges of the Knowledge Society
• Subjects: law crisis; legislative construction; social reality; juridical reality; real sources of law
• Online Access: http://cks.univnt.ro/uploads/cks_2011_articles/index.php?dir=01_law%2F&download=cks_2011_law_art_073.pdf

In today’s Romanian society, characterized by radical economic and political changes, we are witnessing a veritable „law crisis” mainly generated by the inadequate manner in which the law is devised. The law no longer seems necessary to regulate reality and to ensure the protection of the individual and his rights, rather it has become an easy solution amongst so many others, an element of the policies imposed by the ruling party or parties.The enactment of law no longer seems based on the two conditions considered essential to the drawing up of legislation: knowledge of reality and an adequate application of the legislative technique so that the social reality matches the reality reflected by the law. The law is no longer created to regulate a certain reality, rather through laws most often a parallel reality is created. The legislator no longer makes decisions concerning reality itself, but becomes a simple „fabricator” of reality. All these assessments constitute the fundamental reason that has determined us to reflect in this study upon what we call „the legislative construction of reality”. Thus, in this present article we try to bring forward for discussion no only the causes of this phenomenon, but also to propose solutions to remedy the problem.