REGULATION AS A FORM OF NORMATIVE ACTIVITY OF THE EXECUTIVE AUTHORITY

Authors

  • Milan Pilipović Associate Professor at the Faculty of Law, University of Banja Luka

DOI:

https://doi.org/10.7251/SPMSR1851209P

Abstract

In modern states, the performance of the normative function is divided between the legislature and the executive. In looking at the question of when and under what conditions the executive power performs its normative function, i.e. enacts general legal acts and what types of acts, we should start from the fact that it is the executive power, the power with its own constitutional functions and powers to perform those functions. The regulation is the basic form of normative activity of the executive power, its typical and, at the same time, the most significant general legal act. In the definition of the concept of decree in legal literature and theory, numerous and different answers are presented to some of the basic questions essential for its determination, on which theoreticians do not agree, such as: the legal nature of the decree, the basis and area of ​​regulatory authority, and the classification of decrees.

Published

12/06/2022

Issue

Section

Review Articles