Legislative teleological rationality and effectiveness as success. An overview of difficulties

Abstract

Abstract: This article discusses a critical analysis of the formulation of the concept of effectiveness as success carried out by Liborio Hierro and of the possibility of evaluating the legislative teleological rationality through it. Based on an analysis of legislative activity and its product from the theory of legislation and a minimalist theory of collective action, it is argued that the concept of efficacy as success or effectiveness does not capture some characteristics of the activity of legislative assemblies; in particular, its collective agency, the diversity and conflict among its members, and the role of the rules that formalize the legislative procedure, focusing it on a text. It concludes with a correction to the concept of effectiveness as success of the laws and denying the possibility of evaluating, through this concept, the legislative teleological rationality.