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

• Authors: Richard Pomahač
• Languages of publication: EN

Abstracts

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.

Keywords

EN

separation of powers; delegated legislation; extralegal power; extension of legislation; framework regulation; tailor-made law; individual regulation; over-regulation

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: The Lawyer Quarterly
• Year: 2020
• Volume: 10
• Issue: 1
• Pages: 4-10
• Document type: ARTICLE

Contributors

author

Richard  Pomahač

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