The "Acts Of Government" And The Legal Notion Of Politics Cover Image

Takozvani "akti vlade" i pravni pojam politike
The "Acts Of Government" And The Legal Notion Of Politics

Author(s): Milan Petrović
Subject(s): Politics / Political Sciences
Published by: Универзитет у Нишу
Keywords: "acts of government"; judicial review of legality; discretionary power; subjective public rights; legal notion of politics/policy

Summary/Abstract: Bearing in mind that "acts of government" are the original creation of the French law, the author of this paper first analyses the legal regime governing "the acts of government" as a legal institute envisaged in the French legislation throughout history until the present day. However, given the fact that the legislations of some other countries (such as England and Serbia) include a similar institute, the author points out that the qualification of certain administrative acts and acts of the administration as "the acts of government" is not merely a matter of historical coincidence but rather that it is deeply rooted in the nature of things. In that context, the author defines the legal nature of "the acts of government" and presents his original standpoint on the subjective public rights and the legal notion of politics as an exercise of absolute subjective public rights.

  • Issue Year: 9/2011
  • Issue No: 2
  • Page Range: 85-97
  • Page Count: 1
  • Language: English