Original scientific paper
https://doi.org/10.31141/zrpfs.2017.54.126.825
Effecting Constitutional Rights in Civil Law in Judicature of Constitutional Court of Republic of Slovenia
Boštjan Tratar
; Fakultet za državne i europske studije, Brdo pri Kranju, Slovenija
Abstract
The author discusses teoretical ideas and judicial and constitutional judicature in the Republic of Slovenia as regards effecting constitutional rights in relations among private subjects. Slovene legal theorists have, by discusions of influence of the constitutional rights on civil law, mainly followed the German constitutional theory that makes differences between indirect and direct horizontal effect of constitutional rights in civil law (direkte/indirekte Drittwirkung). In Slovene legal system the doctrine on positive obligations of the state also put into force which is in Slovene law based upon Art. 5 of Slovene Constitution. From this provision derives the duty of all three branches of power (legislative, executive and judicial) that on the teritorry of Slovenia they activly guarantee the respect and/or realisation of the constitutional rights. The author presents the key decisions of the constitutional court of the Republic of Slovenia, in which the Constitutional Court confirmed the effects of the constitutional rights also in civil law.
Keywords
Constitutional Court; Republic of Slovenia; horizontal effects of constitutional rights (third party effect); civil law; positive duties of the state
Hrčak ID:
189023
URI
Publication date:
7.11.2017.
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