РЕЛАТИВИЗИРАЊЕ ХИЈЕРАРХИЈЕ ПРАВНИХ АКАТА У УCTABHOM СИСТЕМУ СФРЈ
THE RELATIVIZATION OF THE HIERARCHY OF LEGAL ACTS IN THE CONSTITUTIONAL SYSTEM OF THE SFRY

Summary/Abstract: The development of self-management and federalism has determined I he evolution of the relations of the subjects of the constitutional system and the acts they draft. The classic hierarchy of acts undergoes corrections and modifications in accordance with self-management system development and new interfederal relations. The rank and priority of acts is not any more set only by the subject issuing it, but by constitutional authority for regulating corresponding fields. The new constitutional category with which the changes are to be expressed is formulated as „noncontradiction" instead of the obligatory compliance of the lower to the higher« This new concept relativizes and softens the traditional hierarchy of acts and in accordance with the self-management and federal structure expresses the principle of legality more flexible and adequate. The changes relate to: a) the relation between the republic and provincial laws and other general acts that are drafted in the republic or province and federal laws; b) the relation between self-management general acts and laws (federal, republic and provincial); c) relation within the system of self-management general acts. The difference between noncontradiction and compliance is of principle and essential, not only terminological and legal character. The efforts of relativizing and softening of the traditional hierarchy with the concept of noncontradiction has come only half-way because of different solutions in republics and provinces, inadequate formulations in the constitutions and the Associated Labour Act and different interpretations and application in practice. Therefore, there is need that this questions be discussed on a wider scientific and professional scale and that in the case of a future constitution revision, this matter be solved by principle, rational and accorded solutions.

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