Volume 03 Issue 08-2023
67
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
67-70
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, it is scientifically justified that the increasing participation of citizens in the process of norm-making is
one of the important directions of democratic processes. The article also analyzes the positive results of citizens'
participation in the adoption of normative legal acts and their suggestions and recommendations in the discussion of
legal norms. In particular, new ideas were put forward regarding the observation of new trends in the parliament and
its work.
KEYWORDS
Citizen participation, norm-making, democracy, parliament, normative-legal act.
INTRODUCTION
It is known that democracy is the power of the people.
This action is manifested in such aspects as the creation
of state bodies of the people, participation in their
work, organization of the work of state bodies,
provision of human rights and freedoms in the country,
as well as realization of people's dreams. In short, this
concept rationally defines the relationship between
the individual and the state. In science, there are
different types of democracy, such as direct and
indirect (representative). Currently, we observe
various forms of representative democracy - the
organization and functioning of representative bodies,
the election of suitable candidates for them, reports of
various forms of representatives of the authorities.
Direct democracy usually means electoral relations,
when citizens nominate their candidates to
representative bodies or directly vote for the
respective candidates. However, according to recent
trends around the world, we can see that the scope of
direct democracy is expanding more and more. In
particular, the granting of additional powers to self-
governing bodies, the activation of civil society
institutions, the effective use of forms of public
control, efforts to include citizens among the subjects
Research Article
CITIZEN PARTICIPATION IN NORM-MAKING IS AN IMPORTANT
DIRECTION OF DEMOCRATIC PROCESSES
Submission Date:
August 20, 2023,
Accepted Date:
August 25, 2023,
Published Date:
August 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue08-13
Boymurodov Botir Panji Ugli
Senior Lecturer Of Tashkent State University Of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 08-2023
68
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
67-70
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
with the right to initiate legislation, and other such
changes can be listed. In this regard, the following
opinions expressed by the President of the Republic of
Uzbekistan Sh. Mirziyoyev are of particular note:
".....The opinion of the general public and every citizen
is very important for us in solving the priority issues
related to the fate and future of our country" [1].
Undoubtedly, it can be said that the activism of citizens
on issues of urgent importance in the life of the country
is a practical expression of democratic values.
In addition to the above, the participation of citizens in
the creation of norms is one of the forms of direct
democracy and is characterized by the following
important aspects:
-
an opportunity to involve citizens more and more
in the political life of the state will be created,
thereby avoiding being limited only to elections;
-
creates a platform for citizens to support their
legitimate interests and thereby serves the
establishment of a society of diversity of opinions;
-
it brings public power closer to the masses;
-
enables civil society institutions to control the
process of norm creation;
-
leads to the effective application of the adopted
legal documents in practice (because the people
directly participate in the creation and adoption of
these norms).
The most important thing is that the active
participation of citizens in the process of creation of
norms is becoming more and more important as a
guarantee of the creation of an effective legal
framework. In particular, parliamentary control and
law-making activities are organized on the basis of the
results of regional studies, which directly serve the
adoption of effective laws [2].
Of course, while noting the positive aspects of citizens'
participation in the process of norm creation, it is
noted by many scientists that it is necessary to develop
the organizational and legal mechanisms of this
practice. In particular, it is necessary to define in detail
the procedure for the public discussion of the drafts of
normative legal documents on the Unified Portal of
Interactive State Services of the Republic of
Uzbekistan, in which the drafts of normative legal
documents affecting entrepreneurial activity, the
rights, freedoms and legal interests of citizens, as well
as the environment can be submitted to the public on
the Unified Portal by the developer. it is proposed to
introduce a mandatory procedure of discussion [3]. In
contrast to traditional direct democracy, direct
democracy in its modern form is characterized by
active discussions, debates, proposals and other such
continuous actions on various issues raised [4].
Citizen participation is a powerful positive influence on
the legitimate exercise of state power. Although it has
been many years since the initial views on the direct
participation of citizens in state power, the
constitutional and theoretical foundations of such
participation have not yet been formed. The fact that
the theoretical and legal foundations are not fully
formed and the corresponding principles are not
defined hinders the development of legal mechanisms
of citizens' participation in state power. There has
always been a need for such theoretical and legal
foundations. According to scientists, some questions in
this regard require political and legal answers: who can
participate in the exercise of state power? What is the
legal force of citizens' participation in the exercise of
state power?
According to scientists, in the near future citizens'
participation in the development and adoption of
regulatory legal documents related to budget and tax
Volume 03 Issue 08-2023
69
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
67-70
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
issues, urban development projects, ecological
problems will become more active [5]. Of course, there
are views on juxtaposition of direct democracy with
representative democracy as a conflict of rights and
interests of the community and the individual. It is not
for nothing that questions arise whether the increasing
need for citizens' participation, especially in the
process of creating norms, is not a crisis of
representative democracy. This problem raises the
question of what should be the norm creativity in the
modern world. The essence of the matter is that the
usual set of regulatory norms should be able to cover
all the growing social challenges of society[6].
However, it should be emphasized that direct
democracy is not opposed to indirect democracy, on
the contrary, it complements it. Scientists cite a
number of reasons why representative democracy
needs direct democracy, in particular, citizen
participation in norm creation. In particular, candidates
are sometimes chosen for their general position, and
not all of them have the same importance for voters.
including candidates' position, character, local
connections, reputation, etc. Therefore, the legislative
documents or other individual documents adopted by
them may not be the same as the opinion of the
general public. Candidates are usually elected for
several years, and new issues may arise that were not
present in previous campaigns. Also, with the passage
of time, due to the changes in the public's worldview
and mood, differences can be observed in the views of
citizens and their representatives[7].
The 21st century is the age of information. It is not
difficult to understand that issues related to the
personal rights of a person to receive information, the
introduction of effective organizational and legal
mechanisms for their implementation have become
more relevant than ever. Also, recent events
happening in the world show that there is a need to
create "spaces of interaction" between the state and
citizens even today. The absence of such mechanisms
prevents citizens' participation in the process of norm
creation from rising to the level of a new social
contract element between the state and society. With
the introduction of citizen participation in the process
of norm creation, it leads to the emergence of groups
of citizens without additional representation that help
the representatives in the existing parliament to solve
various issues. This, in turn, serves to prevent many
possible mistakes, eliminate existing shortcomings,
and provide complete and effective solutions to
problems. The activation of citizens' participation in
the creation of norms is the beginning of the
occurrence of such events. The involvement of
collective intelligence in the process of norm creation
prepares the ground for the opening of closed doors
and, as a result, the adoption of better quality and
perfect regulatory legal documents.
However, looking at the issue from another angle, we
also see that the legislature is interested in citizen
participation. For this reason, the legislative authority
tries to take measures to involve citizens in the process
of norm creation more widely. First of all, the
addressed state authorities should react legally to the
actions of citizens and do it in a legal manner. They are
obliged to consider and react to the proposals made
during the discussion of the draft normative legal
documents. Although these suggestions are advisory
in nature. At the same time, the activation of citizens'
participation in the process of creation of norms
prepares the ground for greater closeness, mutual
understanding and consensus, and mutual trust
between individuals, society and the state.
Volume 03 Issue 08-2023
70
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
67-70
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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©
2017
International Institute for Democracy and Electoral
Assistance (International IDEA) Second edition
