TWO FACES OF TAILOR-MARE LAWS IN ADMINISTRATIVE LAW

Jakub Handrlica

Abstract


A rather clear distinction between the functions of the legislative and executive power has been traditionally
provided by the theory of public law. Under this scheme, the main task of the legislative power was to issue binding norms (statutory laws), while the main task of the executive power was to apply these binding norms in individual cases by issuing administrative acts. However, also under this scheme, executive power was provided with competence to issue certain binding norms (decrees). While this norm-making competence of the executive power has been frequently subject of academic interest, the opposite form of extension (i.e. deciding about individual cases by an act of Parliament) has been only occasionally addressed in the past. This article aims to deal with these “tailor-made laws”, to classify them into categories and to evaluate feasibility of this model of decision-making.


Keywords


tailor-made laws, Einzelfallgesetze, Individualgesetze, Maßnahmegesetze, extension of legislation, administrative acts, public interest

Full Text:

PDF PDF

Refbacks

  • There are currently no refbacks.