Legality as legal principle and as legal argument
In this paper author deals with the legality from two aspects: as legal principle and as legal argument. The legality as legal principle makes the most higher legal norms of the legal system which emphasis the basic values with all other legal norms must be in accordance. The lower legal actst must...
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| Format: | Article |
| Language: | English |
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Pravni fakultet Sveučilišta u Splitu
2010-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Splitu |
| Subjects: | |
| Online Access: | http://hrcak.srce.hr/file/90058 |
| _version_ | 1797427933126590464 |
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| author | Žaklina Harašić |
| author_facet | Žaklina Harašić |
| author_sort | Žaklina Harašić |
| collection | DOAJ |
| description | In this paper author deals with the legality from two aspects: as legal principle and as legal argument. The legality as legal principle makes the most higher legal norms of the legal system which emphasis the basic values with all other legal norms must be in accordance. The lower legal actst must be in accordance with higher legal acts, so in the situation when lower legal acts make coutr decisions. That accordancce realieses when higher courts decide on violations of procedural and substantive law commited by lower courts, on which parties in legal remedies. Dealing with this violations jedges argument on the basis of argument of legality. Legality can be understood as an independent argumentor as one of the argument which proceeds from general principles. |
| first_indexed | 2024-03-09T08:51:53Z |
| format | Article |
| id | doaj.art-341dac21d5c643f39f7a3eb81674189b |
| institution | Directory Open Access Journal |
| issn | 0584-9063 1847-0459 |
| language | English |
| last_indexed | 2024-03-09T08:51:53Z |
| publishDate | 2010-01-01 |
| publisher | Pravni fakultet Sveučilišta u Splitu |
| record_format | Article |
| series | Zbornik Radova Pravnog Fakulteta u Splitu |
| spelling | doaj.art-341dac21d5c643f39f7a3eb81674189b2023-12-02T14:02:00ZengPravni fakultet Sveučilišta u SplituZbornik Radova Pravnog Fakulteta u Splitu0584-90631847-04592010-01-01473745767Legality as legal principle and as legal argumentŽaklina HarašićIn this paper author deals with the legality from two aspects: as legal principle and as legal argument. The legality as legal principle makes the most higher legal norms of the legal system which emphasis the basic values with all other legal norms must be in accordance. The lower legal actst must be in accordance with higher legal acts, so in the situation when lower legal acts make coutr decisions. That accordancce realieses when higher courts decide on violations of procedural and substantive law commited by lower courts, on which parties in legal remedies. Dealing with this violations jedges argument on the basis of argument of legality. Legality can be understood as an independent argumentor as one of the argument which proceeds from general principles.http://hrcak.srce.hr/file/90058legality principlelegality argumentgeneral principle of law argumentviolation of procedure and material law |
| spellingShingle | Žaklina Harašić Legality as legal principle and as legal argument Zbornik Radova Pravnog Fakulteta u Splitu legality principle legality argument general principle of law argument violation of procedure and material law |
| title | Legality as legal principle and as legal argument |
| title_full | Legality as legal principle and as legal argument |
| title_fullStr | Legality as legal principle and as legal argument |
| title_full_unstemmed | Legality as legal principle and as legal argument |
| title_short | Legality as legal principle and as legal argument |
| title_sort | legality as legal principle and as legal argument |
| topic | legality principle legality argument general principle of law argument violation of procedure and material law |
| url | http://hrcak.srce.hr/file/90058 |
| work_keys_str_mv | AT zaklinaharasic legalityaslegalprincipleandaslegalargument |