ABSTRACT

This chapter discusses the auxiliary thesis that it is the degree of realizing law-making standards that plays an important role in the justification of legal activity and legitimacy of law. The dual nature of standards is clearly presented in the law-making. The cultural aspect of the law-making organization is combined with important issues of the standards of legislation, which are the basis of actions and postulate the relatively high level of their fulfilment. A critical analysis of law-making models leads to a more thorough characterization of making law as a special kind of decision-making process those progresses via phases and stages, particularly the pre-legislative and legislative. The scientific aim of the project is to investigate the relationships existing between law-making process and the elements of normative space characteristic to the contemporary, post-modern society. In democratic states under the rule of law, the voluntaristic model is rejected in favor of rational and discursive models of creating law.