Back to Search
Start Over
Načelo diobe i načelo jedinstva vlasti i njihova primjena s posebnim osvrtom na poremećaj nadležnosti među državnim tijelima u stanju prijeke nužde.
- Source :
-
Pravnik, Law & Society Review . 2004, Vol. 38 Issue 78, p23-46. 24p. - Publication Year :
- 2004
-
Abstract
- In this paper, the author analyses two principles - the principle of separation of powers and the principle of unity of powers, worked out thoroughly within constitutional law and political doctrine, about how the relations between the bodies that deal with different categories of state functions (legislative, executive and judicial) should be constituted, aiming at the limitation and control of powers and the prevention of their abuses, so that the freedom of every individual could be protected. The author also examines the possibility of realizing these principles through the constitutional text and through the constitutional political reality. In the final part of this paper, the author focuses on the issue of dislocation of competences between the state bodies (in favor of executive power) in the state of emergency, and he points out how states, without regard to different types of power organization, and within the complete system of limitation of powers, in states of emergency (such as war, disorder, earthquake, rebellion and similar), endeavor to achieve some level of control of the executive power, though the executive power, with special mechanisms, on the account of state of emergency largely extends its competences, which threatens with greater possibility of power abuses than in normal circumstances. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Croatian
- ISSN :
- 0352342X
- Volume :
- 38
- Issue :
- 78
- Database :
- Academic Search Index
- Journal :
- Pravnik, Law & Society Review
- Publication Type :
- Academic Journal
- Accession number :
- 31644165