The Intersection of Authentic Legal Interpretation and Constitutional Principles in Croatia
Year: 2024
Type: article
Abstract: In light of the recent decision by the Croatian Constitutional Court to abolish the provisions on authentic interpretation of the law—a legal institute that has generated considerable criticism and conflicting views regarding its constitutionality—this paper examines the (in)compatibility of this institute with the constitutional principles of separation of powers and the rule of law. The study analyzes relevant literature and constitutional judicial practice, with particular attention to the Croatian Constitutional Court’s rulings on the constitutionality of authentic interpretation. Comparative examples from other constitutional courts are also considered. The paper concludes that, until its abolition, authentic interpretation was consistent with the principle of separation of powers as long as it did not pertain to a specific court case, and aligned with the principle of the rule of law provided it was not applied retroactively to already resolved cases.
Author: Luka, Ana Kovačević
Institution: University of Zagreb
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7094948335
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