Original scientific paper

CONSTITUTIONALITy AND LEGALITy ASSESSMENT OF OTHER REGULATIONS

Mato Arlović ; Constitutional Court of the Republik of Croatia

Abstract

Constitutionality and legality assessment of bylaws is a very intricate issue both theoretically and practically. Besides elaborating what is understood under abstract control of constitutionality and legality of by-laws and determining possible distinction of these and other (worldwide) assessment models the significant part of the paper deals with (due to Croatian particularities) determination of by-laws notion and their differentiation from other normative acts being actually normative acts but not classified as by-law normative acts, either due to their substantial differentiation in relation thereto or their legal nature.
The author deals in detail with an issue of repealing and annulling decisions that the Constitutional Court of the Republic of Croatia can make (and makes) by conducting procedure as to assess the constitutionality and legality of by-laws as well as their impact on the third parties.
It is only the Constitutional Act onthe Constitutional Court of the Republic of Croatia that provides for the possibility of passing the annulling decision when deciding upon constitutionality and legality of regulations and only if conditions prescribed thereby are met. Furthermore, the Constitutional Act on the Consitutional Court brings in a subjective component whose implementation is in competence of the constitutional court. Namely, its competence could be passing decisions estimating ‘’a special severity of the Constitution violation..’’, but it also needn’t. The paper elaborates on the standpoint that such possibility of the Constitutional Court is actually an obligation if such severe violations of the Constitution infringe the fundamental ‘’highest values of the constitutional order of the Republic of Croatia’’ pursuant to Article 3 of the Constitution of the Republic of Croatia.

Keywords

constitutionality and legality principle; other regulations; general acts; by-laws; assessment of the accordance of the law with the constitution and of the accordance of other regulations with the Constitution and the law; repealing and annulling decisions

Hrčak ID:

134180

URI

https://hrcak.srce.hr/134180

Publication date:

30.12.2014.

Article data in other languages: croatian german

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