چکیده:
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.
خلاصه ماشینی:
Among these, the effects of pricing (costs of law enforcement) and demand elasticity on the behavior of law consumers (citizens), the opportunity cost of addressing legal issues, the efficiency of powers, and rationality in selecting subjects are investigated.
This research, which uses a descriptive-analytical approach and a library-based method to examine the challenges of selecting legal subjects using economic components, can assist legislators and legislative research centers in selecting legal subjects through correct prioritization and resource optimization, thereby helping to reduce lawmaking costs and increase its effectiveness.
Effective lawmaking is a multi-faceted process including needs identification, comprehensive research (including economic, social, environmental, and legal impact assessment), transparent and precise drafting of the law, consultation with stakeholders, pre- and post-implementation impact assessment, monitoring law enforcement, transparency, and accountability (Meuwese et al.
Nevertheless, time constraints and the high costs of the Parliament in Iran necessitate that the selection of lawmaking subjects be conducted with an economic analysis approach and based on cost-benefit analysis to ensure maximum efficiency and effectiveness in using the limited resources and time of the Parliament.
Therefore, in addition to considering the limitations in the pursuit of personal interests by the legislator, precise criteria that find their best form in economic analysis, including cost-benefit, must be considered for the objective examination of the rationality of decisions.
3. Solutions for selecting effective legal subjects in light of the economic analysis of legislation According to the Constitution, members of Parliament have the right to submit bills on all matters, and the government also has the option to submit bills.