Técnica legislativa y disfunciones de las técnicas normativas en España. Retos actuales

Abstract

This work addresses the current problems of the Spanish regulatory system as a consequence of the crisis of the principle of legality and the alteration of the principle of the hyerarchy of the norms. This exposes some important distortions both in legislative and regulatory powers, which ultimately are translated into a loss in the minimum guarantees citizens must enjoy vis a vis the legislative activity and administrative action. Moreover, this is closely linked to a deeper issue at stake: the proliferation of regulations and the lack of quality and rationality that reigns in our norms. We believe this is due to the absence of a "theory of legislation" that establishes the guidelines for an effective and efficient legislative technique. It is necessary to reflect carefully on which legislative policy is required, as only then can we provide some clarity to the current confusing regulatory system and assure the citizens the legal certainty they need. We aim to analyse these issues and propose several initiatives that may improve the quality and rationality of our legislative technique.

Keywords

• legislative technique
• legislative activity
• theory of legislation