Theoretical Standpoints about the Decrees with the Force of Law ,, Mad as Hatter" Acts in the Legal System with a Twisted and Unpredictable Legal Naturee

Abstract

The paper ,,Theoretical Standpoints about the Decrees with the Force of Law -,,Mad as Hatter“ Acts in the Legal System with a Twisted and Unpredictable Legal Nature” analyzes the decrees with the force of law as a special type of decrees. Regarding the legal nature of these decrees, they are characterized by greater independence compared to the executive decrees. Particular emphasis will be placed on consequences of their enactment and the legal force of these acts, in terms of their action contra legem, a differentia specifica, that completely changes the physiognomy of these acts, categorizing them as a hybrid category. As stated in the paper, conditions and circumstances may occur in the life of the state that can cause immediate and temporary compromise of the principle of separation of powers, and even jeopardize the survival of the state. This compromise of the principle of separation of powers prompted by specific conditions and circumstances (some of them vis major) can be politically justified. But for the science of constitutional law, the aforementioned twisting of the principle can be justified either by the existing constitutional norms, or alternatively, in case they are not provided for, by a broader legal interpretation. In this case, the established constitutional and legal system remains in force, the state bodies of the central government do not change, but the consequences of the new occurred circumstances, change the division of the competencies among them. Essentially this would mean that the twisting of the principle of separation of powers is aimed at the benefit of the executive and to the detriment of the legislature. Namely, the competences of the executive are expanded and the expansion is within the normative function. Thus, the usual hierarchical legal pyramid through which the legal system is represented, gets spherical distortions from which the statics of the construction and its survival are at stake. It seems that the urgent, effective and efficient action in emergency/war conditions, in order to avoid major problems and damages that the citizens and the state could face, has an additional motive - a return to the original system construction.