The basic idea of this paper reads that legal pluralism leads to changes in the legal methodology consisting of three parts: 1. methodology of law-making, 2. methodology of implementation of law including interpretation, 3. methodology of legal science (jurisprudence). In the process of law-making other legal systems operative on the same territory are already taken into account. Different legal systems have partially different canons of interpretation, and so in the situation of legal pluralism when it is necessary to apply rules belonging to more than one legal system, there are new challenges for traditional methods of interpretation. Jurisprudence is confronted with the task to conceptualise simultaneous operation of different legal systems on the systems on the same territory and different concepts (definitions) of law and to accommodate its methods to the changes in the subject of study.
In legislation it will be necessary to always search for an optimal articulation of scientific requirements for rational law-making, reflecting the current social needs of society (law-making as a social process), institutional level of the legislative process (legal regulation of organization and management of the legislative process) and legislative-technical aspects of legislative work (requirements for legislative language and qualitative legislative-technical expression of objective plans) with law-making as a political process (forming of the political will in the legislative process, interaction of individual components of the political system in the legislative process, democratization of the legislative process). However, at the same time it is impossible to abstract from non-legal aspects or dimensions of legislation. Legislation is not only a mechanical creation of legal regulations. It has several dimensions. We must not forget its artisanal foundation, refuse its artistic dimension and reduce it to a „computer“ processing of a draft legal regulation.
Connection of the law of the Slovak Republic to the law of the European Union is related to a large number of new conceptual issues of legislative and procedural character, that are often connected with their significant law enforcement connotations. In case of a regulation it is necessary to bear in mind specific character of this legal act. The Regulation is directly applicable in all Member States of the European Union. It is forbidden to transpose it into the national law. According to Court of Justice of the European Union transposition of content of regulation into the domestic law of a Member State is permitted only exceptionally in the interests of clarity, homogeneity, and effective applicability of legislation, provided, that in this way there is no blurring of the Union origin, nature and legal effects of regulation. It is also permissible to provide implementation of regulation by setting of sanctions or establishing the competence of national authorities.
In these days, the types of law sources and the processes of origin of law-norms become so complicated, that there is no doubt they represent a specific field of research at the professional as well as scientific platform. In the submitted article the both authors describe in overview and analyse in details the recent sources of law and law-making processes determining the legal milieu in Slovak Republic. Also, they do not neglect the “constitutional” judicatory, the problems of an electronic collection of law-decrees, or the rules of referendum law-making. They also stress the relevant law-making connotations to the EU law-system (intra community consultation process, consulting within the EU institutions, requirement of the transposition and implementation, including the Slovak Parliament). The final part of the study is devoted to the contemplations on some system problems of the recent law-making (law making as a part of politics, hypertrophy of law, quality of legislators, etc.).
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.