In the first period after the origin of the independent Slovenian State - after the adoption of the Constitution 1991 - the legislative activity set a framework for new relations in the political and property sphere. However, with social revolution it never happens that all general legal norms of previous legal system cease to be in force. In Slovenia this first period lasted a good ten years, when basic legislation was introduced in all legal areas. The second period formally began after the year 2004, when Slovenia became full member of the European Union and when also part of the legislative activity was transferred to its institutions. Already to be incorporated in this above-state organisation it was necessary to see to the harmonization of the Slovenian legal order with the "European Law" as the European Law has precedence over the national legal system. The next turning point in the legislative policy is Resolution on Normative Activity adopted by the National Assembly towards the end of 2009. The directions of the legislative policy defined in it are supposed to prevent the drawbacks of the Slovenian legislation. These are particularly: the too frequent abuse of legislation for achieving partial political interests, not considering enough the legal profession, much too frequent application of extraordinary legislative procedure, unclear legal norms and - finally - leaving out of consideration the laws in practice much too often.
B.04 Guest lecture
COBISS.SI-ID: 12008529Constitutional interpretation is one kind of interpretation of legal texts. It is only an interpretation when the legal meaning is at the same time the meaning of the words or one of the meanings of the words of the legal text. It is in the nature of understanding that no text can predict with complete certainty how it is to be understood. A legal act can never "catch up" with its interpretation (Hassemer). This unavoidable characteristic of legal understanding is most intensive in connection with the constitution, which is, at least from the standpoint of national law, the legal act standing at the top of the hierarchy. In the end, the person interpreting it is alone. Above him, there is no higher legal act that could very intensively direct the interpretation of a lower one. To paraphrase Kant, above him there are only the starry sky and the moral law within him.
B.04 Guest lecture
COBISS.SI-ID: 11911249From the right to equal protection of rights under Article 22 of the Slovenian Constitution derives the right to state the facts and submit evidence, to be present at the taking of evidence, to examine witnesses or expert witnesses, and then be informed on the results of the taking of evidence. However, the right to evidence can be subject to limitations when it is necessary to protect the rights of others or to protect the public interest. When imposing such limitations the legislator must consider the principle of proportionality and carefully evaluate which right must be given priority. The author discusses different situations in which the right to evidence is limited and concludes that it is the duty of the court to establish a fair balance between colliding constitutional rights and other protected interests in any particular case.
B.04 Guest lecture
COBISS.SI-ID: 12760657