CONCEPTUAL DEVELOPMENTS REGARDING THE LAW-MAKING ACTIVITY
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Authors:
• Narcis GODEANU, email: narcisgodeanu@yahoo.com, Afiliation: Spiru Haret University, Bucharest, RomaniaPages:
• 30|39 -
Keywords: Law-making activity, conceptual developments related to the law-making process
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Abstract:
The characteristics of today’s modern society are the increasingly accelerated rhythms of change caused by scientific and technological achievements and the magnitude of these changes. These characteristics are at the basis of non-permanence, the transition penetrating in depth all the existence and organization modes, these transformations being irreversible sometimes. The most revolutionary change is the modification of the thinking system itself, moving from the Cartesian thinking (characterized by the biunivocal cause and effect relations) to the holistic thinking (of sensing the multiple and contradictory interdependencies), this leading to the emergence of new concepts: system, process, feedback (reversed connection), and dichotomies such as continuity-discontinuity, equilibrium-imbalance, necessity-chance. In such context, it was emphasized the need to take into account facts which apparently would be isolated, but which are in fact closely interconnected, thus being possible to understand the essence, nature and directions of change in order to integrate and synthesizes, coherently, facts, events, realities and consequences that at first sight would seem isolated from each other. \r\n \r\n The existence of a series of causes and interdependent effects makes the concept itself a constant change, the stability being rather a particular case, the true state of things being that of the dynamic equilibrium, i.e. a continuous search for new equilibrium (the concept of dynamic equilibrium). Under these circumstances, it becomes obvious that the company's leadership can no longer evolve on the old bureaucratic, cumbersome, linear lines, imposing by itself a new approach of the society as a global system that includes all kinds of activities that take place in all areas and at all levels of the economic and social organization (approached as subsystems or partial systems). Of course, the law, representing the legal framework within which all categories of political, economic and social activities are conducted, cannot be isolated from this state of mobility of the society, as it is an integral part of the global social system, as a subsystem. The legislation activity represents a flexible framework, having the required capacity and plasticity to maintain the constant contact with the political, economic and social realities. The law-making activity is becoming an ongoing process, whose authors are both the bodies empowered to legislate (mainly, the parliament) and the jurisprudence and doctrine, process components found in a permanent contact with the political, economic and social realities (including citizens and citizens’ organizations). This way, at least in the field of law-making, we are witnessing a transition from representative democracy to participatory democracy.
