Legislative inflation as a crisis tendency in law: on the example of Walter Leisner's book «The Crisis of the Law. Decomposition of the Normative State»

Abstract

The article is concerned with legislative inflation as a crisis trend in law. The timeliness of the work is derived from lower stability of legal regulation in the context of high lawmaking activity of the Russian legislator. The purpose of the research is to assess the possibility of applying the approach proposed by W. Leisner to determining the causes of legislative inflation (law crisis) in Germany to the conditions of Russian legal reality. The methodological basis of the research is formed by general scientific (analysis, synthesis, induction, deduction, comparison), as well as special scientific (formal legal, comparative legal) research methods. The study allowes to single out the aspects of legislative inflation that are common for Russia and Germany; they are expressed in the lack of effective legal barriers to legislative activity, desire of the legislator to permanently improve the current legislation as well as a radical reduction in the period of legislative stability. It has been established that approach proposed by W. Leisner to identify the causes of lawmaking crisis, based on the analysis of relationship between law and branches of power of the constitutional state, can be used to determine the mechanism of legislative inflation in Russia.