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- Title
ZAKONITOST KAO PRAVNO NAČELO I PRAVNI ARGUMENT.
- Authors
Harašić, Žaklina
- Abstract
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 acts must be in accordance with higher legal acts, so in the situation when lower legal acts make court decisions. That accordancce realises when higher courts decide on violations of procedural and substantive law committed by lower courts, on which parties in legal remedies. Dealing with this violations judges 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.
- Publication
Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu, 2010, Vol 47, Issue 3, p745
- ISSN
0584-9063
- Publication type
Academic Journal