The Necessity of Conducting an Economic Analysis Attachment for the Subject of Law; as a Prerequisite for Effective Legislation

Document Type : Original Article

Authors

1 Associate Prof, Departement of Public Law,Faculty of Law and Political Science ,Farabi Campus of University,Tehran, Iran

2 PhD, Student in Public law,Faculty of Law and Political Science,Farabi Campus of University,Tehran, Iran

10.22034/qjplk.2025.2069.1857

Abstract

The legislator is always faced with limitations in carrying out their legislative duties; this occurs while simultaneously under pressure from political and social forces such as public demands and requests from party stakeholders. A quantitative and qualitative review of the bills and proposals submitted, as well as the number of approved legal proposals during the twelve terms of the Islamic Consultative Assembly, confirms this issue. In such circumstances, the legislator is compelled to make choices among multiple options. In this selection process, the legislator considers various intermediary factors to navigate political and social challenges; these conditions can pose a challenge to the realization of effective law. Examining this matter is the subject of the present research. An effective law is one that is enacted in light of economic analysis and through consideration of cost-benefit aspects. In other words, this research, with a focus on the legal needs of society, addresses the prioritization of legal topics and the optimal use of resources to achieve effective legislation within the Iranian legislative system.
To this end, using the legal market model, economic tools are employed to analyze how legal topics are selected. This includes examining the impact of pricing (the costs of law enforcement) and demand elasticity on the behavior of law consumers (citizens), the opportunity costs of addressing legal issues, the efficiency of laws, and the rationality in selecting topics.
The research findings indicate that identifying the actual needs of society and prioritizing them in the selection of legal topics is key to reducing legislative costs and utilizing resources on issues that yield the highest returns and effectiveness. This research—conducted with a descriptive-analytical approach and utilizing library methods—examines the challenges of selecting legal topics using economic components and can assist legislators and legislative research centers in prioritizing legal topics correctly and optimizing resources, thereby reducing legislative costs and increasing its effectiveness.

Keywords

Main Subjects

References

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History

  • Receive Date: 08 October 2024
  • Revise Date: 20 December 2024
  • Accept Date: 08 February 2025

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