A jogalkotás tartalmi megalapozottsága a jogi oktatás tükrében

Abstract

Two major functions may be differentiated within the process of law-making: (i) formal-legal and (ii) policy aspects. The first covers such elements as adequate use of legal terms, compliance with the principles of law and with higher level norms, appropriate numbering of laws etc. The second policy-related aspect addresses targeted social effects, such as mitigation of homelessness, unemployment etc. This paper analyses the appearances of these two aspects in a few academic papers on law-making in Hungary. First, the relative weights of the two sides are examined by quantitative document analysis. Qualitative data analysis provides additional information, for instance, on how the role of legal drafters is defined by the authors, what they treat as “the most important activity” in the field, etc. My main hypothesis is that in the existing literature the formal-legal approach is dominant, at the expense of policy elements.