Fliedner, O: Rechtsetzung in Deutschland

Better regulation has gained an increasing interest in all democratic states. Nevertheless, law drafting and legislation is widely criticized; however, often unjustified. The author analyses the regulatory framework of the law-making process as well as the practice of drafting and adopting legislation in Germany; problematic areas and possibilities for improvement are emphasised. Different approaches in the legislative theory are discussed and programmes of the federal government in the area of better regulation are assessed. The pivotal role of law and legislation as policy instrument in a democracy is elaborated and ways and means indicated how to meet the aim of legislation, namely law and order, legal peace and protection, despite political mechanisms and interests which govern the legislative process. The author has extensive practical experience in law making as a senior civil servant in a ministry, advisor of a parliamentary group and member of a city council. He is also the author of a number of publications on law-making, politics, law and democracy.