THE PRINCIPLES OF DEMOCRACY IN ADOPTION OF NORMATIVE ACTS

Abstract

The report describes the current problem - the disproportionately large increase in the number of normative acts. Such a situation frightens the society, creates distrust to the state administration and causes errors in adoption of normative acts, which shall be corrected. Therefore, the excessive increase in the number of normative acts is negative. Before adopting the normative acts, it is proposed to consider all possibilities for solving a specific problem. The importance of the principle of democracy in reducing the increase of normative acts has been raised.

The aim of the report is to provide a general insight into the tasks of normative acts; to update general guidelines on the basis of the principle of democracy, which confirms that the adoption of normative acts should be evaluated in conjunction with the consideration of other criteria for solving a specific problem.

The tasks of the research are the following: to update the connection of the adoption of normative acts with the essence of the principle of democracy; to analyse the growth rates of normative acts; to study the reasons for the increase in the number of normative acts; to put forward the principle of democracy as a limiter for the growth of normative acts.

In the research, the grammatical method is used to present description of the normative acts adoption process, as well as to provide review of the reasons for the increase in the number of normative acts. The systemic method is used to assess the possibilities of interpreting the principle of democracy, based on the case law of the Constitutional Court of the Republic of Latvia and the legal doctrine. The analytical method is used to describe the disproportionately rapid increase of normative acts. The analytical method is applied to evaluate the possibilities of using the principle of democracy to reduce the number of normative acts. Using the teleological method, an increase in the number of normative acts is considered in the context of the essence of the principle of democracy.

The results of the research are reflected in the main conclusions: the increase in the number of normative acts in the recent years has to be regarded as unreasonable and contrary to the public interest; the principle of democracy requires that solution to the problem, firstly, shall be sought for in the legal system; based on the principle of democracy, the usefulness, purpose and implementation of the public interest in adoption of new normative acts should be considered.