The Typical Functions Doctrine in the PIC Case

The authors analyse the conception of the constitutional principle of separation of powers in the recent decision of the Constitutional Court of the Republic of Slovenia in the PIC case (U-I-194/19). The authors suggest that the reasoning of the Constitutional Court rests on a method of application of the principle of separation of powers which they designate as "the typical functions doctrine”. This doctrine accords a typical function to each of the branches of government and prohibits the other branches from interfering with that function. In deter- mining the content of the typical functions, the doctrine relies on a typology which classifies legal acts on the basis of their general or individual nature and their abstractness or concreteness. The authors then proceed to analyse two aspects of the typical functions doctrine. First, they discuss the potentially broad scope of the doctrine; subsequently, they question its understanding of the typical function of the executive branch.

Keywords: constitutional law, the Constitutional Court of the Republic of Slovenia, the principle of separation of powers, the typical functions doctrine, the executive branch.