Clarity of norms in the light of the content requirements of legislation, legislative errors and their consequences – in general and with particular regard to the legislative requirements in Hungary

Abstract

the content requirements of legal norms incorporated in laws can be of three types: semantic, syntactic and structural. the most important semantic requirements of laws (legal norms) are simplicity, clarity, consistency and that the addressee should always be clear from the wording. It is important to emphasise that general clauses, maxims and vague concepts should only be used by the legislator in exceptional circumstances, for example when it wishes to grant broad discretion. the most common consequences of legislative errors in the application of the law are the dysfunctionality of the law text, legal uncertainty resulting from legal loopholes, and divergent judicial practice. the most common legal consequence of legislative errors (affecting the validity, scope or legal applicability of the law) is review of legality.