A scientific monograph - the first in Slovenian language - dedicated entirely to the influence of judicial decisions on subsequent judicial decision-making. The Author analyses the impact of precedents on judicial reasoning and argues that even in civil law systems (the focus is primarily on Slovenian legal system) the importance of previously decided cases is increasing.
COBISS.SI-ID: 262827520
Statutory interpretation in conformity with the constitution has a double character. On the one hand, it is an interpretation of the constitution directing the understanding of a statute, and on the other hand, it is an interpretation of a statute, which is a part of the legal and constitutional systems. The fact that the statute is a part of the constitutional system and tightly connected to the values of this system (the systematic-teleological aspect of interpretation) plays a role of special importance in interpretation in conformity with the constitution. Statutory interpretation must always consider this aspect - either its being a part of the constitutional system co-determines the meaning and content of the statute or merely a conflict between the contents of the statute and of the constitution can be established. If the content of a statute is such that it cannot be elaborated and amended by interpretation and is in conflict with the constitution, the statute is unconstitutional and should be partly or completely abrogated. An ordinary court has some leeway if several statutory interpretations exist which are all within the limits of the constitution. The choice depends on the character of the case and on the procedural possibilities available to the court. If, with respect to the case to be decided, only one interpretation is in conformity with the constitution, this interpretation has to be chosen. If all interpretaŽtions of the statute eventually prove to be in conflict with the constitution and no solution in conformity with the constitution can be achieved, the judge has to stay the proceedings and initiate proceedings before the constitutional court.
COBISS.SI-ID: 12725329
An original scholarly discussion on the effect EU law has on national legal systems. The paper has been presented at a conference with the participation of eminent scholars of the EU law and subsequently published.
COBISS.SI-ID: 12884817