Legislative inflation in Poland: bird’s eye view on three decades after the the1989 breakthrough

Abstract

ABSTRACT The phenomenon called legislative inflation is extensively used in public debate across jurisdictions – including new democracies attempting to overcome communist legal heritage. Typically, the phrase refers to the quantitative aspect – growth in the number, volume and frequency of amendments of primary and secondary legislation exceeding the natural demands of the technological progress and growing complexity of business relations. This paper attempts to provide a bird’s eye view of legislative inflation in Poland after the 1989 democratic breakthrough. As Poland is an example of successful democratic and market transition of the nineties, substantial redrafting of the legal framework during EU accession and populist right-wing governance, the results seem relevant beyond the domestic context. Documented patterns suggest that the search for driving forces behind the legislative inflation should shift from the parliament towards cabinet ministers and the bureaucratic apparatus under their supervision, the pace of legal text production justifies the search for a theoretical conceptualisation of how the law could govern societies unwilling and unable to familiarise themselves with its flow and to examine the impact of legal text production on society and the economy it seems useful to shift from the data on the text itself towards its actual impact.