Projects / Programmes
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S110 |
Social sciences |
Juridical sciences |
| S111 |
Social sciences |
Administrative law |
| S112 |
Social sciences |
Human rights |
| S115 |
Social sciences |
Philosophy and theory of law |
| H300 |
Humanities |
History of law |
law, rule of law, legal principles, the principle of rule of law, constitution, statute, judicial decision-making, constitutional review, ideology, politics, legal culture, the principle of proportionality, law of contracts, judicial control of administrative acts
Researchers (8)
Organisations (1)
Abstract
The rule of law (Rechtsstaat or Rechtsstaatsprinzip) is one of the most important defining principles of the contemporary state. This principle consists of a variety of interconnected principles, which in their entirety set both a material and a procedural standard every open and democratic society must meet. The research will take as its starting point an analysis of historical formation of the rule of law and attempt to elucidate theoretical as well as practical dimensions of the rule-of-law principle. Its considerations will also include broader social presuppositions for the formation of the rule of law, especially the attainment of a certain level of general and professional legal culture. The analysis will consider some of the instances of the application of the rule of law in constitutional, administrative law and the law of obligations, paying regard to theoretical findings as well as foreign and domestic jurisprudence. Better understanding of the background and more clear analysis of the content of the rule of law are crucial to attain higher quality of performance of all three branches of government, especially of the judicial branch, playing a critical role in overseeing the other two branches. The research leading to a growing understanding of the rule of law has, however, a broader social and academic significance in a society which has embraced the principle of the rule of law as the basis of its legal system only fifteen years ago.
Significance for science
The research project The Rule of Law has contributed significantly to the development of Slovenian legal science. Results of the research have been published in a book entitled The State Governed by a Rule of Law (ed. M. Pavčnik), comprising a number of important and original essays contributing towards a deeper understanding of the principle of rule f law in Slovenian context.
The book thus elaborates on the historical origins of the rule of law (essay by Professor Simič entitled The Rule of Law as a Phenomenon of Legal Civilisation), places the principle of the rule of law in a wider theoretical and philosophical context (essays by Professor Pavčnik entitled The Nature of the State Governed by the Rule of Law and Professor Cerar entitled The (Non)ideological Nature of the Rule of Law), highlights its sociological dimension (essay by Professor Igličar entitled Legal Culture as a Component of a State Governed by the Rule of Law), illustrates the importance and import in positive law (essays by Professor Kerševan entitled The Rule of Law and Administrative Law, essay by supreme court judge Franc Testen entitled The Judiciary and the State Governed by the Rule of Law and Professor Wedam Lukić The Principle of Proportionality as a Criterion for the Constitutional Review) and analyses the development of this principle in the realm of international law (essay by Professor Škrk The Rule of Law as the Principle of International Law?)
The book was received very favourably by reviewers. Especially flattering was a review by the foremost Slovenian authority on public law, Professor Bučar, who wrote in his review that “he is happy to conclude that [Slovenian legal science] is capable and willing to go below the surface of social phenomena. This is a real promise for the advancement in this important field”. (Pravna praksa, vol. 29/30, n. 8, p. 31)
Significance for the country
Analysis of the rule of law is but one of the many different avenues taken in pursuing deeper understanding and strengthening of this principle in Slovenian society. Since the project was conceived as a basic project, the members of the research group focused their attention to theoretical analysis of this legal principle, which is one of the most complex and at the same time one of the most basic legal principles in modern legal systems.
Principle of the rule of law forms the skeleton of modern state and wields important influence on the most basic legal questions of today, such as separation of powers or the importance of the respect for human rights, as well as on minute questions in different legal fields. The research has yielded two very positive sets of results. Firstly, numerous talks and lectures delivered by members of research group at various conferences and symposia have highlighted the importance of the rule of law and its constituent elements. Secondly, important research breakthroughs have been achieved, for example in the analysis of the role played by that principle in the interpretation of the law (including constitutional review), in defining crucial suppositions of social morality necessary for the existence of the rule of law, in analysing the role this principle might play within international law etc.
The research can thus be evaluated as a very successful project, perhaps not from the standpoint of measurable effects, as the value of basic research can seldom be evaluated according to immediate effects, but certainly from the standpoint of creating a lasting theoretical basis, creating a foothold for a myriad of values necessary for existence and flourishing of the rule of law in Slovenian legal system.
Most important scientific results
Annual report
2008,
final report,
complete report on dLib.si
Most important socioeconomically and culturally relevant results
Annual report
2008,
final report,
complete report on dLib.si
