THE POLITICS OF LAW ON THE FORMATION OF RESPONSIVE, PARTICIPATIVE, AND POPULIST LEGISLATION

Abstract

The state power to form legislation will threaten citizens’ freedom if there is no control towards it. This paper will discuss the efforts to aim the formation of legislation which respects citizens’ freedom and creates people’s welfare. The legislature must pay attention to and guidecertain principles in establishing legislation. At first the legislature must set the politics of law to be achieved from the formation of legislation. The good politics of law on the formation of legislation should at least reflect the responsive, participative and populist politics of law. It is formed by seeing legal needs comes from the community, giving an opportunity to the public to show their opinions on all provisions which will govern and bind them, and preventing the formation of legislation which impedes freedom of speech as the characteristic of democratic states.