Legislative inflation as a crisis tendency in law: on the example of Walter Leisner's book «The Crisis of the Law. Decomposition of the Normative State»

Cover Page

Cite item

Full Text

Abstract

The article is concerned with legislative inflation as a crisis trend in law. The timeliness of the work is derived from lower stability of legal regulation in the context of high lawmaking activity of the Russian legislator. The purpose of the research is to assess the possibility of applying the approach proposed by W. Leisner to determining the causes of legislative inflation (law crisis) in Germany to the conditions of Russian legal reality. The methodological basis of the research is formed by general scientific (analysis, synthesis, induction, deduction, comparison), as well as special scientific (formal legal, comparative legal) research methods. The study allowes to single out the aspects of legislative inflation that are common for Russia and Germany; they are expressed in the lack of effective legal barriers to legislative activity, desire of the legislator to permanently improve the current legislation as well as a radical reduction in the period of legislative stability. It has been established that approach proposed by W. Leisner to identify the causes of lawmaking crisis, based on the analysis of relationship between law and branches of power of the constitutional state, can be used to determine the mechanism of legislative inflation in Russia.

About the authors

Ivan V. Sekhin

Property Agency of the Kaliningrad Region

Author for correspondence.
Email: ivan.sekhin@gmail.com
SPIN-code: 5322-2660

Leading Consultant of the Department of Legal Expertise and Public Procurement of the Department of Legal Support and Land Relations

95 Moskovsky pr., Kaliningrad, 236006, Russian Federation

References

  1. Astanin, V.V. & Pligin V.N. (2017) An academic and practical dialogue about law and its application. Monitoring of Law Enforcement. 2(23), 4-12. https://doi.org/10.21681/2412-8163-2017-2-04-12 (in Russian).
  2. Barinova, V.A. & Eremkin, V.A. (2016) The improvement of control and oversight in relation to small and middle-sized enterprises: lessons for Russia. Russian entrepreneurship. 17(24), 3593-3602. https://doi.org/10.18334/rp.17.24.37206 (in Russian).
  3. Belousov, S.A. (2015) Legal inflation as a form of manifestation legislative imbalance. Legal policy and legal life. (2), 16-22. (in Russian).
  4. Bühler, O. (1959) Grundsätzliches zum Thema von der «Gesetzesinflation» und der «aufgeblähten Verwaltung». Juristen Zeitung. (10), 297-300. Available at: www.jstor.org/stable/20805474 [Accessed 1st September 2021]. (in German).
  5. Calabresi, G. (1982) A Common Law for the Age of Statutes. Harvard University Press. https://doi.org/10.2307/j.ctvjnrv5p
  6. Chernilovsky, Z.M. (1989) The rule of law: historical experience. Soviet state and law. (4), 48-57. (in Russian).
  7. Demin, A.V. (2016) Legislative inflation and judicial activism as the way of its overcoming (on the example of tax disputes). Law and education. (2), 88-99. (in Russian).
  8. Denisov, S.A. (2001) Typical legislative techniques used in the interest of management groups. In: Baranov, V.M. (eds.) Legislative technique of modern Russia: state, problems, improvement: a collection of articles. In 2 Vols. Nizhny Novgorod. (in Russian).
  9. Dudco, I.G. (2018) Issues of authority of the constitution of the Russian Federation. Lex russica. 11(144), 93-105. https://doi.org/10.17803/1729-5920.2018.144.11.093-105 (in Russian).
  10. Golodnikova, A.E., Efremov, A.A. & Sobol, D.V. et al. (2018) Regulatory policy in Russia: main trends and architecture of the future. Moscow, National Research University Higher School of Economics Publ. (in Russian).
  11. Ivanov, A.A. (2010) The speech on precedent. Law. Journal of the Higher School of Economics. (2), 2-11. (in Russian).
  12. Kashanina, T.V. (2017) Evolutionary Patterns of Law. Actual Problems of Russian Law. (12). 44-53. https://doi.org/10.17803/1994-1471.2017.85.12.044-053 (in Russian).
  13. Leisner, W. (2001) Krise des Gesetzes: die Auflösung des Normenstaates. Berlin, Duncker und Humblot. (in German).
  14. Narutto, S.V. (2020) Significance of Prof. Ekaterina I. Kozlova’s Academic Legacy for the Modern Understanding of the Legislative Process and Legislation. Actual Problems of Russian Law. (13), 55-64. https://doi.org/10.17803/1994-1471.2020.112.3.055-064 (in Russian).
  15. Nemytina, M.V. & Ahmetzhanova K.V. (2017) Legal collisions in the context of a sociological approach. Juridical Techniques. (11), 233-237. (in Russian).
  16. Nisnevich, Y.A. (2005) Law and politics. Moscow, One of the best Publ. (in Russian).
  17. Paigina, D.R. & Strelnikov, P.A. (2014) Search for effective solutions to law-making problems. Journal of Russian law. 6 (210), 141-145. (in Russian).
  18. Primakov, D.Ya., Dmitrieva, A.V. & Volkov, V.V. (2010) Legislative activity, stability of legislation and the quality of the legal environment: a comparative analysis of post-socialist countries: Institute for the Problems of Law Enforcement of the European University at Saint Petersburg. Saint Petersburg, The Institute for the Rule of Law Publ. (in Russian).
  19. Rukavishnikov, S.M. (2021) Problematic Issues of Bringing to Administrative Responsibility in the Field of Procurement. Bulletin of Saratov State Law Academy. (1). 118-123. https://doi.org/10.24412/2227-7315-2021-1-118-123 (in Russian).
  20. Schmitt, C. (1950) The State of European Jurisprudence. Tübingen, Internationale Universitäts Verlag. (in German).
  21. Shchelokov, K.S. (2008) Bureaucratization of law. Diss … Cand. Legal of sciences. Moscow, Moscow University of the Ministry of Internal Affairs of the Russian Federation. (in Russian).
  22. Timoshina, E.V. (2016) Judge as a new sovereign: voluntaristic interpretation theory of M. Troper. RUDN Journal of Law. (2), 50-61. (in Russian).
  23. Tkachenko, N. (2017) Statistical analysis of federal legislation. Moscow, Center for Strategic Research Publ. (in Russian).
  24. Trofimov, V.V. (2013) The problem of forming a legal structure: from law-making factors to law-making result. Juridical Techniques. 7(2), 26-38. (in Russian).
  25. Vlasenko, N.A. (2012) Reasonableness, law, lawmaking. Juridical Techniques. (6), 121-125. (in Russian).
  26. Vlasenko, N.A. (2015) Crisis trends in the law-making of modern Russia. Juridical Techniques. (9), 175-182. (in Russian).
  27. Zheldybina, T.A. (2015) Judicial precedent: a modern perspective. Russian law: education, practice, science. 3(87), 53-56. (in Russian).
  28. Zhuravlev, M.P. (2008) Stability and dynamism of legislation as a condition for ensuring the rule of law in a state governed by the rule of law. Leningrad legal journal. (1), 50-59. (in Russian).

Copyright (c) 2022 Sekhin I.V.

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies