Private: Legislative Principles and Law Making Process Content
Importance of Legal Research in Law making Process
- To formulate new Legislative: –
-Existing law or Legislative mechanism does not serve such modern necessity, new aspiration and desire.
-Therefore to co-up-with the change and problem new legislations are formulated.
-For the enactment of new legislation, adequate knowledge, information and appropriate remedy to combat is required.
(i) To make new legislation effective, the following aspects must be kept in mind:
(a)Identification of problems: –
Fact finding operation, survey study, which is generally conducts to access the opinion, behavior of society.
Example: – To be aware of crucial problems of the society, prostitution.
(b)Explanation of causes: –
To find out the reason or causative factor of the problem.
Example: -To find out the cause of prostitution.
(c)Formulation of policies/legislation: –
Example: -If the root cause of prostitution is poverty, then legislation is to draft to alleviate poverty.
(d)Critical Functions: –
Find the weakness and the strength of formulated act.
(ii)Method of formulating new legislation: –
(a)Analytical Research Method: –
-1st, researcher should have knowledge of law making.
-2nd, the researcher should have sound knowledge of several statute.
-3rd, the researcher has to locate the needed statutory material.
-4th, a researcher should study prevailing customs.
-5th, a researcher has to study case law on particular legislation.
-6th, a researcher has to make a choice between 2 or more conflicting views and select the best one.
(b)Historical Research Method: –
1) It provides social insight.
2) Historical oriented (facts and events to be studied in the historical perspective)
3) Historical evolution of law
(c)Comparative Research Method: –
-Comparison of International and National Law
-Comparison of one country law to other.
(d)Ethical Research Method: –
Moral values, principle.
(e)Statistical Research Method: –
Use of different tools and technique of collection of data, questionnaire, interview, etc.
(f)Critical Research Method: –
Collect the data from secondary source and use own wisdom and experience to it.
(2)To reform existing Legislation: –
-Law is not static but a dynamic one.
-It is reformed according to need of society, time and country.
(3)To find the situation of application and acceptance of existing legislative: –
-Legal research helps to find out
(i) Consequence of existing legislation.
(ii)Shortcoming of existing legislation
(iii)Level of understanding of legislation in society.