Izvorni znanstveni članak
https://doi.org/10.3935/zpfz.73.5.02
Application of the Constitution by Ordinary (Croatian) Courts
Luka Burazin
orcid.org/0000-0002-2437-8871
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Svan Relac
orcid.org/0000-0002-1087-4962
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The paper deals with the “application of the Constitutionˮ by ordinary courts. On the basis of literature review and preliminary Croatian case law research, six paradigmatic cases of the application of the Constitution by ordinary courts were selected (facts of the case directly regulated by constitutional rules, statutory gaps, avoidable in abstracto antinomies between constitutional and statutory norms, avoidable in concreto antinomies between constitutional and statutory norms, unconstitutionality of individual judicial and administrative decisions, and unavoidable in abstracto antinomies between constitutional and statutory norms). The cases selected were analyzed by using the method of argumentative analysis of judicial reasoning, within the framework of internal and external schemes of justification of judicial decisions, in examples (by and large) designed on the basis of Croatian case law.
Ključne riječi
application of the Constitution; ordinary courts; constitutional provisions; constitutional rules; constitutional principles
Hrčak ID:
313494
URI
Datum izdavanja:
31.12.2023.
Posjeta: 495 *