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1

CONTENT AND FORM IN ESTABLISHMENT OF THE POSITIVENESS OF LAW (Obsah a forma v urceni platnosti prava)

100%
Barany E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 5
363-375
EN
From viewpoint of legal positivism the limits of the positive law in the modern period have been determined on the basis of formal criteria that have been included by the legal science under the 'sources of law' and 'rule of recognition' concepts. From Radbruch formula the content and value elements penetrate into the definition of the positive law, the increase of which has hitherto culminated in the understanding of legal principles as the source of law and in the framework of the EU law. This development contributes to the uncertainty as regards the limits of positive law and to the decrease of transparency of its structure.
2

Metodyka badan nad materialnymi zrodlami prawa. Czesc 2. Uzasadnienie i objasnienie poszczegolnych faz badan

100%
Chmielnicki P.
Przegląd Prawa Publicznego
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2012
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issue 4
72-102
EN
The article describes the innovatory research methods on economic and social sources of law. The methods assume that it is possible to identify sources of law by discover all the elements of the bigger occurrences: patterns of human activity, like formal and informal sanctions; by describing the nature of the interrelationships between the individual elements, the catalogue of costs and pay-offs, the possible activity variants, as well as the basic types of external relationships pertaining to the pattern. This would be reminiscent, to some degree, of an analysis of individual institutions in economy or sociology. This types of research require the use of various instruments: economics (mainly based on institutional economic theories), law (i.e. a knowledge of the dogmas of individual branches of the law, depending on the reason for using the pattern in the case of 'micro' research and the theory and sociology of law - in the case of 'macro' research), sociology (mainly social interaction, social control, the structure of social groups and the sociology of social changes) and psychology (mainly the psychology of motivation, economic psychology and the psychology of social processes). Additionally, it would be useful to have access to the findings in the area of political science, history and socio-biology that are relevant to this research. Each research project would, consequently, be of an interdisciplinary nature and would require the cooperation of experts representing a number of key areas. Second part of the article describes details of given part of research with some practical examples.
3

Metodyka badan nad materialnymi zrodlami prawa. Czesc 1. Podstawy

100%
Chmielnicki P.
Przegląd Prawa Publicznego
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2012
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issue 3
90-101
EN
The article describes the innovatory research methods on economic and social sources of law. The methods assume that it is possible to identify sources of law by discover all the elements of the bigger occurrences: patterns of human activity, like formal and informal sanctions; by describing the nature of the interrelationships between the individual elements, the catalogue of costs and pay-offs, the possible activity variants, as well as the basic types of external relationships pertaining to the pattern. This would be reminiscent, to some degree, of an analysis of individual institutions in economy or sociology. This types of research require the use of various instruments: economics (mainly based on institutional economic theories), law (i.e. a knowledge of the dogmas of individual branches of the law, depending on the reason for using the pattern in the case of 'micro' research and the theory and sociology of law - in the case of 'macro' research), sociology (mainly social interaction, social control, the structure of social groups and the sociology of social changes) and psychology (mainly the psychology of motivation, economic psychology and the psychology of social processes). Additionally, it would be useful to have access to the findings in the area of political science, history and socio-biology that are relevant to this research. Each research project would, consequently, be of an interdisciplinary nature and would require the cooperation of experts representing a number of key areas.
4
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LAWMAKING POWERS OF THE EXECUTIVE UNDER GERMAN BASIC LAW (Dzialanosc prawotwórcza egzekutywy w swietle Ustawy Zasadniczej RFN)

100%
Bien-Kacala A., Tarnowska A.
Przegląd Sejmowy
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2010
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issue 2(97)
99-115
EN
There are two major legal regimes in Europe: the Anglo-Saxon (or common law) and the continental one. One of the features of the common law system is that it is aimed at resolution of disputes and restoration of endangered or disturbed peace. Under this system, no confidence is placed in principles and views being too abstract in nature. On the other hand, the continental conception of law, that prevails in Europe, is focused on establishing general principles of social order. It is based on the educational role of law, and also is rational and universal, and even moralizing, in nature. A law is treated as a product of the will of the state. In general, two systems (the French and German ones) are distinguished under the continental regime. In the context of comparative law, the differences between these systems reflect their different theoretical foundations. In Germany, the theory of a state ruled by law (Rechtsstaat) has been preserved, while the notion of a law-abiding state (l'État légal) and the theory of popular sovereignty prevail in France. In Germany, the principle of homogeneity of a statute is derived from the constitution. The theory of the statute is based on the classic separation of substantive and formal meaning of that act. There exists a notion of 'reservation of statutory powers' (Gesetzesvorbehalt), as well as that of 'reservation of parliamentary powers' (Parlamentsvorbehalt). The latter is associated with the definition of not only the sphere of exclusive powers of the legislative body, but also an appropriate extent of these powers. As concerns lawmaking by the executive, we should distinguish a regulation (Rechtsverordnung), being a specific and generally binding executive act, from other normative acts of the executive - i.e. (internal) administrative regulations (Verwaltungsvorschriften), relating mostly to organizational matters, administration and operation of administrative establishments, and instructions. There is a requirement for statutory delegation to issue regulations. A regulation is, formally and explicitly, distinguished from a statute by its authorship, as its norms are created by an executive body. Except for temporary exceptions, the constitution does not authorize the executive to pass acts having the force of a statute. Therefore, one may conclude that in Germany the system of sources of law enacted by the executive bodies on the federal level of is relatively well organized. Generally binding law is based on statutes and executive regulations. As regards administrative regulations, the situation is more complicated, due to their different content and form. Moreover, they cannot be treated as binding on citizens. .
5

O SÚČASNEJ SITUÁCII V SLOVENSKEJ PRÁVNEJ NORMOTVORBE

75%
Kukliš P., Hodás M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2016
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vol. 99
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issue 6
474 – 500
EN
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.).
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