Legal System - Theory and Practice Cover Image

Pravni sistem-teorija i praksa
Legal System - Theory and Practice

Author(s): Mile Račić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal system;Legal norm;Positive law;Legal subjects;Legal remedies;Legality;
Summary/Abstract: In the paper, the author has attempted to show the legal system as a set of generally accepted and systematized legal norms. The existence of such a system is marked with heteronomous norms that form the basis of the positive law of each state. The most important sources of the European continental area are: the constitution, laws and regulations. Within the legal system of each state bodies and the judiciary work within the existing legal system and apply its positive law. However, sometimes, certain cases in practice can occur, which deny the functionality of the legal system, due to the emergence of legal violations, threat to human rights and freedom, forfeiture of property, security breaches and the like. The author mentions some of these phenomena that society in general condemns and seeks their elimination.