OGLED O NORMATIVNOJ KONKRETIZACIJI NAČELA PRAVNE DRŽAVE NA CASE STUDY
A CASE STUDY ON NORMATIVE CONCRETIZATION OF LEGAL STATE PRINCIPLES
Author(s): Stjepo PranjićSubject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Sveučilište/Univerzitet "VITEZ"
Keywords: principles of the legal state; Rule of Law; Constitution of B&H; constitutionality and legality;
Summary/Abstract: Legal state of Bosnia and Herzegovina, as any other state of law, is a form of state governance presuming the existence of normalized relations. This is an essential condition, not yet fulfilled by BiH, and due to which it has not reached the European standard of the Rule of Law on the principle of legality. On the other hand, frequent law amendments applied even ex tunc (e.g. annulment of all tenancy rights or user licence agreements in the period 1992-1998 and thus the annulment of sale contracts and registration of property rights or registration of contracts into Book of deposited contracts, according to Article 2 Law on Cessation of Application of Law on Abandoned Apartments (ZPPZNS) lead to violation of the right of ownership as a natural and sacred right of any man, and other limited property rights (easement rights, real burdens, construction rights and mortgage rights), which together with the ownership create the property rights system.
Journal: Zbornik radova Fakulteta pravnih nauka
- Issue Year: 2011
- Issue No: 2
- Page Range: 35-64
- Page Count: 30
- Language: Bosnian, Croatian, Serbian