Legal and Philosophical Reflexion of Repealing of Act of Legislature by the Judicial Power

Abstract

Chapter critically examines repealing of act of legislature by the judicial power. Namely, from legal and philosophical view it examines repealing laws that were adopted by the parliament by the Constitutional court.

This is examined from the viewpoint of justice and especially from the view of separation of powers and the supremacy of the legislature over judicial power. It offers some remarks de lege ferenda.

Keywords

• justice
• separation of powers
• constitutional court
• repealing of legislative acts