Importance of legal research in the Lawmaking process.
Legal research is the systematic investigation of problems and matters concerned with law :- S.R.MYNENI.
H.N. Tiwari legal research is that which deals with principles of law and legal institutions. It is a branch of knowledge that deals with the principles of law and legal institutions.
William P. king: Legal research means finding solutions to legal problems.
Legal research deals with social and behavioral phenomena of law. It is a process of identifying information that is necessary for legal decision making.
The importance of legal research in law making process can be defined in the following ways:-
a. Formulate new legislation:-
- Helps to identify the problems along with the causes of such problems and give the idea on the basis of law making.
- With the help of legal research, the knowledge of law is known and the public opinion is accumulated in regard to prevailing custom, precedents , practices to make the law.
- It is important to identify and challenge the unjust law for the development of new legal theories and formulate the new legislation.
b. Reform existing legislation:-
- Society is dynamic and the social needs of people keep on changing which is not constantly and consistently addressed by the existing legislation.
- The legal research helps to locate and identify the error in laws and the problems in implementation.
- It helps to identify new case laws and legal changes along with emerging practices and suggests the laws to reform legislation.
c. Find the situation of application of legislation:-
- Legal research helps to identify the consequences or impact of legislation in society.
- It also helps identify errors or problems required for necessary changes.
- To find out the status of inflammation of any particular, it is required.
d. It helps to find out loopholes of existing law and helps to reform such loopholes.
e. To assist in the enactment of new laws by doing comparative analysis of various legal systems.
f. To develop ideas on new legal concepts and new legal research tools.
g. In order to evaluate the laws from a historical perspective.
Prepared and Edited by: Manish Rajak & Madhu Dahal
