Quality of Legislative Drafting as a Mechanism for Achieving Legal Security

Abstract

The clarity of legislative drafting and the soundness of its technical structure are essential for establishing the principle of legal security and ensuring the stability of legal positions. This is not merely a concern of formal linguistic presentation, but is also directly connected to the legislator’s constitutional obligation to enable legal subjects to anticipate the legal consequences of their actions and safeguard their legitimate expectations. Therefore, the central issue lies in the extent to which drafting quality affects the effectiveness of legal rules and their capacity to achieve their intended purpose, particularly given the potential implications of ambiguity or inaccuracy for legal security. 

Well-crafted legislative drafting therefore helps to limit deviations in the exercise of administrative and judicial discretionary powers. It also serves as an effective technical tool with which to confront legislative inflation and facilitate access to legal information, thereby strengthening citizens’ confidence in the legal system of the state.