EX-POST ANALYSIS AS AN INTEGRAL PART OF THE LEGISLATIVE DECISION-MAKING PROCESS

Abstract

The paper presents the theoretical arguments and practical benefits of developing a system of ex-post evaluation of regulatory impact by studying the actual effects of the decisions of legislative decision-making bodies. The individual issues under consideration involve: the analysis of general assumptions of the decision-making approach in legal studies and its application to the problems of a law-making policy; presentation of the stages of the legislative decision-making process, with a particular emphasis placed on the effects of such decisions; and discussion of the conditions of a contemporary law-making policy, from both the theoretical and practical points of view, based on a distinction of several dimensions of legislative decision-making (instrumental, axiological, power game, social conflict, discursive, social normative system, economic, and temporal). For each dimension, ex-post evaluation criteria are proposed.