BYLAW AS A LEGAL SOURCE IN SERBIAN LEGAL SYSTEM Cover Image

УРЕДБА КАО ИЗВОР ПРАВА У ПРАВНОМ СИСТЕМУ РЕПУБЛИКЕ СРБИЈЕ
BYLAW AS A LEGAL SOURCE IN SERBIAN LEGAL SYSTEM

Author(s): Mira Simović
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
Published by: Правни факултет Универзитета у Нишу
Keywords: law; bylaw; source of law; general legal act; sub-legal act; legal system

Summary/Abstract: This paper analyses the bylaws as a general sub-legal act and a very significant source of law. The author focuses her attention on the legal nature of t bylaws, which is considerably unclear, and causes differentiation of theoretical standpoints. It can be said that numerous controversies and disputes lead to the conclusion that from substantive aspect bylaw is the law, since it contains general legal norms, but on the other hand, from formal point of view, it is not the law, but the sub-legal act - act of the supreme executive authorities. In spite of the present demands for strengthening the bylaw issuing activities, the author, as well as the majority of scholars, holds that supremacy of the law has to be maintained, since it provides legality and legal certainty.

  • Issue Year: XLVII/2006
  • Issue No: 47
  • Page Range: 97-107
  • Page Count: 11
  • Language: Serbian