The constitution of Republic of Slovenia binds the state authority to adequately protect human health and life in case of an infectious disease. The constitutional framework allows it to limit human rights in order to fulfill its constitutional duty, but for the admissibility of limitations it prescribes the observance of various principles and rules. These are primarily fundamental principles, like the principle of constitutionality, the principle of legality and the principle of separation of powers. In relation to the principle of legality an important constitutional rule is that rights and obligations are determined only with a legislative act. The importance of a legislative act in connection to litimations of human rights is further evidenced by constitutional provisions according to which the determination of the realization of human rights is possible only with a legislative act or the legislative body is competent to decide about the limitations of human rights in times of war and state of emergency. Limiting human rights is therefore possible only with a legislative act, but it is necessary to take into account the special situation of an epidemic. Since the circumstances that are important for the adoption of limitation measures can change rapidly, it is exceptionally permissible to leave the adoption of such measures to the executive body, but the legislator must set precise criteria for such regulation of human rights (for example in forms of condititons, methods and the scope of limitations). At this point the first modality of the principle of legality is important, which requires that acts of the executive body must be based on a sufficently specified basis and it must be interpreted in connection with the principle of the rule of law, according to which the legislative act must be specified the more the stronger are the interventions into the fields of human rights. For the admissibility of limitations it is furter necessary to respect the principle of proportionality, according to which the limitations must be suitable, necessary and proportional, and limitation clauses which containt more detailed rules for the interventions into fields of human rights.
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