The problem with lawmaking

 

 

overview

 

 

  

 

The Traditional Method of Lawmaking

 

The legislatures of every government – authoritarian and democratic – now use the traditional method of lawmaking.  It is the process by which laws are designed, amended, enacted and repealed.  It is also a failure and a threat to democracy.

 

Although the traditional method is highly proficient in the production of laws, it has not been successful in solving societal problems because it is fundamentally and fatally flawed as a problem-solving process!  It is undisciplined, unprincipled, unreliable, and irresponsible; it is devoid of quality and virtually useless as a mechanism for solving problems.

 

Instead of creating laws that solve societal problems (which is the responsibility of the lawmaking process in a democracy), the traditional method regularly produces laws that are purposeless, ineffective, unnecessary, or counterproductive. 

 

When laws fail and problems persist, additional laws are enacted.  The result is that the body of laws increases in size and complexity but societal problems remain unsolved.  More ominously, there are now so many laws that governments must enforce laws selectively in violation of the rule of law. This is "chaos of laws."

 

The traditional method is thus a threat to democracy.  It is unable to satisfy the purpose of democracy and it produces too many laws, which restrict rather than expand the range of human activities.. 

 

The failure of the traditional method of lawmaking is due to a lack of the following quality requisites.  Click below to learn more:

 

            1) problem definition

            2) design expertise

            3) effective ethical standards

            4) a basis in knowledge

            5) a program of follow-up evaluation of results.