4 - LEGAL ACT Flashcards
(8 cards)
LEGAL ACT
legal transaction: intentionally doing something with legal consequences eg marrying, signing a contract (content based)
legislative act: made by state body (shape and role based)
GENERAL LEGAL ACT
unrestricted by time
applicable throughout entire territory
applies to all persons in same class
only this act is a formal legal source in serbia
INDIVIDUAL LEGAL ACT
single act of law application
intended for specific entity or group
HIERARCHY OF LEGAL SOURCES IN SERBIA
constitution
national law & ratified international agreements
sub legal acts and municipalities’ statutory law
customs
individual legal acts eg court decisions and precedents
CONSTITUTION (6)
regulates most important societal relations
establishes country’s specific sovereignty
has integral parts called preamble and normative parts (articles)
can be written or unwritten
can be hard (cannot be modified by same procedures used to enact law)
soft (any law can be modified in same process as it was created)
ENACTMENT OF CONSTITUTION
can be done
solely by monarch
via constitutional pacts (monarch and parliament)
majority of people
in democracy, constitution’s authority must be supported by the people through a referendum
- sometimes “super majority” vote is needed (approval of >50% of voters)
LAW AND GENERAL LEGAL ARTS + CONSTITUTION <3
laws are enacted by parliament, interpreted by judiciary, enforced by the executive
laws and general acts must be in compliance with ratified international treaties
law must be in compliance with constitution
LAW VALIDITY
in terms of time:
most laws are effected henceforth from the day they were enacted
> retroactive laws are in effect from a day in the past
in terms of area:
principle of territory means national laws are mandatory for all people in state territory AND TAKES PRIORITY
PRINCIPLE OF PERSONALITY (EXEMPTION) laws of one state are effective for all its citizens, no matter the territory they’re currently residing on!
