engleski

Ratio non iure pervenit, sed natura percipitur - Democratic-pluralist critique of authentic interpretation by legislature

Author criticizes Croatian constitutional practice of so-called authentic interpretation by the Croatian Parliament, which, in summary procedure bypassing legislative process, promotes particular political interests without standard democratic control and participation of citizens. In author's view, authentic interpretation of laws by the Parliament erodes pluralist-democratic nature of the Croatian Constitution and infringes constitutional principles of separation of powers, the rule of law and prohibition of retroactivity. Constitutional practice of authentic interpretation is also contrary to Art. 6 of the European Human Rights Convention, and fundamental principles of European Community Law. Author concludes that legitimacy of law and its meaning has to be based on essential procedural guarantees of legislative procedure and broad social acceptance.

interpretation, parliament, pluralism, democracy

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