Open AccessLegislating process of the State in the Roman-Germanic legal family
Author(s) -
Татьяна Парфенова,
Tatyana Parfenova
Publication year - 2013
Publication title -
advances in law studies
Language(s) - English
Resource type - Journals
eISSN - 2500-428X
pISSN - 2409-5087
DOI - 10.12737/2067
Subject(s) - law , legislation , statutory law , political science , state (computer science) , civil law (civil law) , german , public law , history , mathematics , archaeology , algorithm
The article is devoted to the concept and types of legislating
in the modern theory of law is studied here. The problem of
determining the legislating process as an activity directed on creation
of the legal act called the most significant element of the structure
of existing law is also risen here. Such approach is explained by the
feature of the Romano-Germanic law, which by its nature and character
is a statutory law, led by the main law. Relying on comparative
researches, the article discusses in detail the form of legislating directly
related to the activities of the State law-making, by-laws making
and judicial legislating. Legislation for the Romano-Germanic
law, due to the postulates based in the Roman law, is one of the most
significant kinds of legislating. A very important role, along with
legislating plays by-laws creating, otherwise legislating of the executive
bodies. Analyzing the controversial issue of judicial legislating
in the Roman-Germanic legal family, the author points out the
different role of the court depending on either Roman or German
group is ment. For the Roman legal family court practiceis a source
of law, which is the most significant. The article concludes the overview
of the forms of legislating related to the activities of the state
indirectly. These include contract legislating and legislating of legal
custom.