Original scientific paper

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 ; Faculty of Law, University of Zagreb, Zagreb, Croatia
Svan Relac orcid.org/0000-0002-1087-4962 ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

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.

Keywords

application of the Constitution; ordinary courts; constitutional provisions; constitutional rules; constitutional principles

Hrčak ID:

313494

URI

https://hrcak.srce.hr/313494

Publication date:

31.12.2023.

Article data in other languages: croatian

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