文章基本信息

标题：STABILITAS LEGIS AND THE RULE OF LAW: THE PROBLEM OF SLOVENE CORPORATE LEGISLATION
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作者：Novak, Marko
期刊名称：Pravni vjesnik - Quarterly Journal of Law and Social Sciences
印刷版ISSN：0352-5317
出版年度：2015
卷号：31
期号：3-4
页码：51-64
语种：English
出版社：Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
摘要：Modern Western societies have witnessed a massive growth of legislation and other legal acts. This stems from the fact that modern life in general is increasingly complex and develops very fast, which is reasonably reflected in more frequent legal changes than were common before. But in certain situations it seems that the dynamic content of law might be exaggerated resulting in unreasonably frequent changes. This is typical of the (present) situation in Slovenia as a transitional country, in which legal certainty including legal predictability as two important components of the rule-of-law principle are to a certain extent jeopardised. Consequently, now more than even we have become aware of the need to put more attention to static components in law. These have ever been part of law, so my claim in this article is that it should be re-emphasized to a necessary extent in order to counterbalance unreasonably frequent changes in our law. A particular example of a very instable legal discipline in Slovenia is corporate law. Thus, the application of the stabilitis-legis principle to this problem by the Constitutional Court, also in the area of corporate law, could potentially be one of the remedies to deal with it.
关键词：Stabilitas-legis principle; Canon law; constitutional law; rule of law; legislative changes; corporate law