Racjonalna procedura prawodawcza jako podstawa dobrego prawa
Rational law making procedure as the basis for good law

Summary/Abstract: The key to good law is rational lawmaking procedurę, which would properly combine the reąuirements of communicative rationality, which assumes the need for a free and equal lawmaking discourse on the value of the law being made, with the reąuirements of instrumental rationality, favouring the efficiency and effectiveness of law. In connection therewith, this paper attempts to determine whether, and to what extent, the domestic lawmaking procedurę conforms to the above-mentioned procedural standards. The author points out that the domestic lawmaking procedure does not fully conform to the reąuirements of procedural justice, and particularly the reąuirements to combine democratism and expertise (knowledge) in an effective way. This concerns above all the need to hołd a public debate on the value of the law being madę, systematically analyse legislation costs, carry out post-legislative research, and in particular - perform ąuality control of bills by experts. In the law establishment procedurę, the mechanism of utilizing qualified knowledge does not function properly. It fails to make fuli use of analytical tools, which serve to compare social benefits and costs of the proposed prescriptive acts. Another weak point of the domestic law establishment procedurę is the lack of a central, expert institution responsible for performing the quality control of bills, the competence of which could be compared to the responsibility of equivalent institutions in European countries.

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