The Depuration of the Legal Order and the Great Legislative Sweep

Jurisprudence 5/2022 Section: Articles Page: 34-45

Keywords: source of law; publication of law; lawmaking; legislatures; legal act; statute law; legal order; derogation; depuration

Abstract: Initiatives proposing a cleansing of the legal order have traditionally been a proposed solution to the problem of a confusing and growing legal order. Massive and one-off derogations are an atypical solution that has never been used in our tradition. The problem of obsolete older regulations does not in fact create an acute threat to the legal practice. The primary purpose of depuration must be a summary list of applicable legislation. A possible massive derogation of the selected list can only be the next stage. It is necessary to design a conceptual system of regular revision of the legal order and to use classical forms of derogation. The basic condition for the legitimacy of such activities lies in the participation of experts in the field of legal publication.

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