Acceptance Speech
Author: IGLIČAR, Albin
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Categorie:
he contribution is an acceptance speech by the author after he received A
Lifetime Achievement Award awarded by the Association of the Slovenian Jurists’
Societies in Portorož, on 11 October 2018.
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Revolution and Normative Integration
The system of legal norms has a double function in
society. On the one hand, it appears as an instrument of social control
and settlement of conflicts and as
such ensures certain stability. On the other
hand, legal norms are also an agent of
social change. This innovative function
of the legal system is observable par- ticularly following a social
revolution, when political and economic relation and social values in society have change. Social
changes in Slovenia
after 1990 were going on at the highest speed on the political level,
and more slowly
in the economic area, although
economic reasons—low productivity of the socialist economic system with state
and social property—were primarily responsible for political changes. These
were followed by alterations of prevailing patterns of social behaviour, determined by legal and other
norms. The stated changes were slowest in the area of social consciousness and
actual internalisation of new social values.
Keywords: revolution, legal system, continuity, dialectics,
legitimacy, normative integration.
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On Rhetoric 101 – Part II
The article is a review of the book Rhetoric 101 – Part
II. Topics focus on rhetorical theory and rhetorical skills. Attention is paid
to the elements of ev- ery speech. These are ethos, pathos, and logic. The
chapters also discuss the language, legal expression and personality of the
speaker. For the teaching of rhetoric and the practice of oratory, therefore,
the book presented is a good foundation and guide.
Keywords: rhetoric, language, ethos, pathos, logic, skill.
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Warnings of Rational Legislative Policy
Legislative policy pertains to setting the goals of legislative activity
and de- termining the ways and means to achieve these goals in the legal
regulation of social relations. When
the legislator deliberately selects values, goals and means and foresees the consequences, we speak of a rational
legislative policy. The
triumph of this policy hinges upon an integral view of law, considering both
its social function and the personal perception of legal norms by each
individual. The fundamental programme document for the management of
legislative policy in Slovenia is the Resolution on Normative Activity. It en-
compasses principles, warnings and numerous yet unrealised objectives. The
fundamental ideas of the Resolution must also be taken into account when
translating programme documents into legal acts.
Key words: legislative policy,
an integral aspect of law, the social function of law, internalisation of legal
norms, resolution on normative activity.
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Publication and Validity of Regulations (On the Proposal for a Constitutional Amendment to Article 154 of the Constitution of the Republic of Slovenia)
Author: IGLIČAR, Albin
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Categorie:
In 2025, the government initiated a constitutional revision procedure to amend
the provisions of the 1991 Constitution of the Republic of Slovenia concerning
the publication and validity of regulations (Article 154). The publication of
regulations is one of the essential features of the rule of law, as it ensures legal
certainty for citizens. Transparency and accessibility of all parts of the legal
system are to be achieved through the obligation to publish regulations and by
setting a vacatio legis period. The constitutional provision regulating the manner of publication is to be deconstitutionalized and transferred to the statutory
level. Publication is to take place in digital form, following the "one act – one
issue” method. In this context, the principle of ignorantia iuris nocet is being
reconsidered, with efforts aimed at reducing its fictitious nature. The official
publication of the authentic text of a general legal act remains the starting
point for the commencement of the vacatio legis period. However, the question
arises whether, given Slovenia’s specific legislative practice, this period should
run from the publication to the entry into force of the law, or from the publication to the beginning of its application. This calls for a renewed reflection on
the legal categories of validity, binding force, and application of the law.
Key words: official gazette, law, constitution, knowledge of the law, validity of
the law, binding force of the law, application of the law.
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