Izvori upravnog prava u Crnoj Gori
Sources of administrative law in Montenegro
Author(s): Stevan LilićSubject(s): History of Law, Administrative Law
Published by: Fakultet pravnih nauka Univerziteta Donja Gorica
Keywords: Source of administrative law; Montenegro; Constitution; Statutes; Executive orders
Summary/Abstract: Sources of administrative law have some specific features, being numerous, diverse and prone to change. Although there are no principle differences between sources of administrative law and other branches of law, sources of administrative law have same quantitative features such as having a large number of by-laws, while sources of other branches of law are usually found in statutes. The subject matter of administrative law differs from other “leading” branches of law as it is regulated by a large number of statues and by-laws and is not contained in unified codes. Contemporary administrative law is not characterized by the lack of legal sources, but rather by the abundance and diversity of sources. Also, sources of administrative law have a rather short “life span” as the are frequently amended. As the sources of law, including the sources of administrative law cannot be established in a unified manner for all legal orders, sources of administrative law must be classified according to the specific legislation for each country. In Montenegro sources of administrative law are only general legal acts (statutes, executive orders and other sub-statutory general legal acts of government authorities), while other legal systems also include court case law (precedents), although individual legal acts, as valid sources of law. A specific source of law will also be a source of administrative law if it contains legal norms which regulate the organization, functioning and control of the administration. However, some legal acts are sources of administrative law in toto, while other legal acts are sources of administrative law in part, i.e. only in the part that refers to the administration.
Journal: Studia Iuridica Montenegrina
- Issue Year: I/2019
- Issue No: 1
- Page Range: 35-51
- Page Count: 17
- Language: Serbian