LEGAL PRINCIPLES IN CROATIAN LEGAL SCIENCE: FUNDAMENTAL CHARACTER AND INDETERMINACY
LEGAL PRINCIPLES IN CROATIAN LEGAL SCIENCE: FUNDAMENTAL CHARACTER AND INDETERMINACY
Author(s): Marin KrešićSubject(s): Constitutional Law, Criminal Law, Civil Law, Recent History (1900 till today)
Published by: Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Keywords: legal norms; legal rules; legal principles; fundamental character; indeterminacy;
Summary/Abstract: The topic of legal principles has remained a well-discussed topic in legal theory since it first emerged from the discussions on the nature of legal norms and sources of law in the second half of the 20th century. Following the framework of the broader research on legal principles, this paper builds upon the analysis of how legal principles are understood in the Croatian legal science discourse. The fundamental character of legal principles has been recognized, but indeterminacy has not been given careful attention. This paper discusses open questions arising from the relationship between legal doctrine and legal theory in these aspects, with potential implications for solving conflicts among legal principles.
- Issue Year: 36/2020
- Issue No: 1
- Page Range: 65-78
- Page Count: 14
- Language: English