Закон и(ли) судија
Law and / or Judge

Author(s): Slobodan I. Panov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Family and social welfare
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Divorce; Cause for divorce; Language and script;
Summary/Abstract: Iura novit curia is, after all, a presumption a bit too optimistic. One court case reveals quite interesting „undertakings“. One judge holds that he/she is in no way bound by the legal definition of cause for divorce. Thus, he/she places him/herself above the law, considering him/herself autonomous from any law. If we are to wipe away this gentle sfumato by an inch deeper analysis, it becomes clear that the judge gives him/herself the importance of a Parliament. Beyond Parliament, even, since Parliament passes new laws by the majority of votes of the parliamentary assembly, by parliamentary plurality so to speak, whereas the judicial hero/heroine from our story promulgates laws/regulations as a single royal or absolute individual. Deeming Parliament to be irrelevant from the legislative aspect, our judicial hero/heroine holds him/herself above constitutional principles and fundamental norms which define official language and script. We assess this „feature“ of the subject as emanation of Parliament, medical syncope.

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