Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 2 The Lawyer Quarterly

Years help

  1. 2 2020

Authors help

  1. 1 Handrlica J.

  2. 1 Pomahač R.

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  extension of legislation
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Content available remote

Two faces of “Tailor-made laws” in administrative law

100%
Handrlica J.
The Lawyer Quarterly
|
2020
|
vol. 10
|
issue 1
34-47
EN
A rather clear distinction between the functions of the legislative and executive power has been traditionally provided by the theory of public law. Under this scheme, the main task of the legislative power was to issue binding norms (statutory laws), while the main task of the executive power was to apply these binding norms in individual cases by issuing administrative acts. However, also under this scheme, executive power was provided with competence to issue certain binding norms (decrees). While this norm-making competence of the executive power has been frequently subject of academic interest, the opposite form of extension (i.e. deciding about individual cases by an act of Parliament) has been only occasionally addressed in the past. This article aims to deal with these “tailor-made laws”, to classify them into categories and to evaluate feasibility of this model of decision-making.
2
Content available remote

Framework regulations and Tailor-made laws as a problem of public administration

84%
Pomahač R.
The Lawyer Quarterly
|
2020
|
vol. 10
|
issue 1
4-10
EN
Extralegal character of administrative action does not denote an unauthorized power. The extralegal dispute first shifted to the question of the delegability of legislative and judicial power, and then to the riddle of how the independence of executive and administrative bodies can be understood. If legislation without legislature was a complex issue of constitutional and administrative law, the issue of legislative measures is no less, and possibly more so difficult. Two basic forms of measures need to be distinguished as quasi-laws: tailor-made law and framework regulation. True legislative acts are distinguished in the field of public administration by the criterion of abstractness and the criteria of universality. Quasi-legal measures may be both abstract and specific in nature. In terms of merging legislative and executive power, quasi-legal acts can work as heteronomous laws in public administration.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.