The epidemic is a crisis that required a rapid and effective response. In the Republic of Slovenia, the executive branch was faced with a new situation. All the circumstances have led to a situation, where the executive power, more specifically the Government of the Republic of Slovenia, had adopted new measures through ist own legal acts, the decrees. The legality principle is the framework provided by the Constituion of the Republic of Slovenia, fort he executive branch to regulate legal situations independently and is written in article 120(2) of the Constitution. In conjunction with the rule of law laid down in article 2 of the Constitution and article 153 of the Constitution which regulate the hierarchy of legal acts, it establishes the framework in which the executive power must stay, so it stays in limits of the Constitution and laws. Article 17 of the Constitution provides that the right to life, as one of the fundamental rights cannot be restricted, which is written in the article 16 of the Constitution. The executive branch, which claims to protect the right to life, has exceeded its powers and thus violated the legality principle. By analysing the decisions of the Slovenian Constitutional Court, I have concluded, that the legality principle cannot be overriden by claiming to protect the right to life.
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