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An Authentic Interpretation of Laws

Teodor Antić ; Ustavni sud Republike Hrvatske

Sažetak

Authentic interpretation of laws is a legal institute whereby a legislator gives the authentic meaning to a specific legal norm in case of its incorrect or diversified interpretation in practice. It has the same legal force as the law. Retroactivity and influence on pending cases are its inherent characteristics. Due to these characteristics and their relation to the principles of the rule of law, legal certainty and separation of powers, it is subjected to severe criticism not only by legal theory but also legal practice. The author analyses the institute of authentic interpretation from historical and comparative point of view and through the Croatian normative regulation, practice of the Croatian Parliament and academic debate, including opinions in favour as well as against it. On these grounds the author concludes that higher quality of law making procedure could make the authentic interpretation dispensable. On the other hand, should this institute be kept in the legal order it is essential to receive more effective constitutional control.

Ključne riječi

interpretation of laws; authentic interpretation; retroactivity; the Croatian Parliament

Hrčak ID:

141269

URI

https://hrcak.srce.hr/141269

Datum izdavanja:

13.4.2015.

Podaci na drugim jezicima: hrvatski

Posjeta: 8.273 *