Good regulation vs. regulatory irrationality in El Salvador

Abstract

Approving, reforming, interpreting, or repealing the legal framework that regulates social behavior and guarantees coexistence is one of the basic functions of any government in general and the Legislative Body in particular. Generally, it is the Legislative Assembly that, prior to the law-making process, approves laws in El Salvador; but, exceptionally, the Public Administration issues regulations and other legal norms. The effectiveness of the legal system is linked to its system of sources, meaning that the norms must respond to the reality they intend to regulate; otherwise, they will be ineffective, in force, but not positive. The principle of good regulation must be present in the development of the normative system; its respect is a duty of the officials who exercise normative power, and it is a right of society. The norms must be subject to the essential values of society, particularly justice and human dignity; therefore, any norm that deviates from this is irrational. The norms analyzed in this article are questioned based on whether they center on the dignity of the person or, on the contrary, deviate from it.