Măsurarea inflaţiei normative
Measuring normative inflation

Summary/Abstract: The lack of a threshold to help identify the emergence of the normative inflationary phenomenon was considered to be the cause of the impossibility of identifying an effective countermeasure. We propose to prove that this threshold can not be placed in the field of legal technique but in the field of human rights protection. This transfer requires another method of counteraction, apart from those concerning the reduction of the number of normative acts or the improvement of their legislative quality. Considering that the existence of a single imperative normative act or an unconstitutional act represents the threshold of the existence of the inflationary phenomenon, we propose a method of counteraction that gives the possibility to control the mechanisms that can limit freedom. This method of countering refers to the right of a normative option that transforms the constraining right into a right of communication, making the individual a co-legislator of the applicable legal system, but also to establish effective rules of constitutionality control to cover the legislative vacuum incident in some spheres of control.

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