Izvorni znanstveni članak
https://doi.org/10.30925/zpfsr.46.3.2
Reasoning on Legislative (Authentic) Interpretation in the Theory of Riccardo Guastini and the Practice of the Constitutional Court of the Republic of Croatia
Žaklina Harašić
orcid.org/0000-0002-4395-3114
; Sveučilište u Splitu, Pravni fakultet
Mario Krešić
orcid.org/0000-0002-0014-4157
; Sveučilište u Zagrebu, Pravni fakultet
Sažetak
This paper will present a theoretical framework for the analysis of the institute of legislative (authentic) interpretation. We will also present the argumentation of the Constitutional Court of the Republic of Croatia in the decision of 11 July 2023, by which it abolished the authentic interpretation of laws in the Croatian legal system. Within the theoretical framework the concept of interpretative norm will be specifically addressed, legislative and interpretative norms will be compared in terms of their structure, function, and ability of the norm to produce legal effects and the creation of new law, three variants of the theory of the principle of the separation of powers will be introduced, and elements of judicial and interpretative norms will be presented in the context of the theory of the separation of powers. Within the presentation of the reasoning of the Constitutional Court, the Court’s insights into the nature of authentic interpretation and the reasons it cites as arguments for the abolition of this institute will be presented. Based on the theoretical framework set, we will analyze the reasoning of the Court.
Ključne riječi
interpretation; interpretative norm; authentic interpretation; Constitutional Court of the Republic of Croatia; separation of powers.
Hrčak ID:
340980
URI
Datum izdavanja:
15.12.2025.
Posjeta: 565 *