The regulatory quality of legal frameworks: A critical approach.

Abstract

The regulation on education suffers from the lack of regulatory quality of many laws and regulations that has been denounced in many countries. The concern for the quality of the norms is old, but it has intensified in the face of “motorized” and “unbridled” legislation that is being the result of the exercise of the normative power by the social and democratic constitutional State under the rule of law. Some causes of the degradation of legislative quality, still limited by the fundamental role of constitutions and international treaties, can be identified. Among the means for remedying or, at least, alleviating or curbing the problem, Spain has, although still with limited effectiveness to date, the role given to the Council of State, the General Codification Commission, the Office of Coordination and Regulatory Quality and the Constitutional Court. Particularly noteworthy are some defects or aspects that could be improved on in terms of the quality of the legal framework formed by the main statutes (organic laws) regulating education in Spain.

The entire analysis focuses on the legal method, the basis of well-founded doctrinal opinions, legal information and some judicial decisions, under a concept of knowledge or legal science that assumes the integrity of its understanding from the Digest of Justinian Roman Law as divinarum atque humanarum rerum notitia, iusti atque iniusti scientia, and which, therefore, is founded on ontological anthropology and includes due attention to logic and linguistics. The conclusion arises from the study as a whole: the goal of achieving legislative quality that arises from the outset as a substantive requirement of all legislation, and which is so lacking, cannot fail to be decisively and critically pursued.