2012 | 1(19) | 269-279
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Efektywność rządu albo kryzys legislacji

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In a modern state a legislation process is an instrument of rulling for the lawmaker – the government and its bureaucracy. Thus, when thinking about the crisis of law, one cannot consider legislature only as an area of parliament acts, separated from a government. When read literally, Montesquieu’s theory of separation of powers does not describe modern systems of goverment. A real reform of lawmaking requires building strong instruments of influence of parliament on government, in order to make the latter effective. New mechanisms should be made to increase the control of Prime Minister and Cabinet over legislation process, both during government and parliament phases. The most important thing is to concentrate lawmaking in hands of Government Legislature Center and Ministry of Foreign Affairs (when implementing EU directives). Meanwhile, the reform of parliament phase should concentrate legislation process in parliament comissions, which, as a result, will force goverment to take stands. It is then possible to say that repairing the legislation process is about building the institutions of effective government, as a real guard of state. This aim requiers overrulling the main weakness of public life in Poland, which is a tendency to avoid responsibility.
  • Uniwersytet Łódzki
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