The relationship between the legislative and executive branches of government is based on the principle of separation of powers. According to the principle of legality, the operation of the executive branch is bound by law. By legislating, the legislature sets the framework for the secondary legislation by the executive branch. The absence or exceeding of legal basis in secondary legislation constitutes a violation of fundamental constitutional principles upon which the Republic of Slovenia is based. The purpose of this thesis is to illuminate the significance of the principle of legality in the adoption of secondary legislation.
Through a review of legal theory literature and decisions of the Constitutional Court, it was possible to ascertain the characteristics that secondary legislation must possess in order to comply with constitutional requirements. For the consistent adherence to the principle of legality, two elements must be fulfilled: the primacy of law and the reservation of law. Furthermore, the legislature also has the duty to ensure that the authorization is sufficiently specific for secondary legislation of rights and obligations.
The findings presented in the thesis contribute to a better understanding of the principle of legality and its significance in the functioning of the administration, particularly in the context of adopting secondary legislation.
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