Pravni Zapisi (Jan 2018)
Autonomous regulation: Legal theory qualification and positive law frameworks
Abstract
The issue of the autonomous regulation in this academic work was intepreted through historical, theoretical and comparative standpoints of legal manner. Following the introductory remarks on the process of strengthening the executive power in the new-era state, the conceptual-terminological framework of the autonomous regulation was firstly analyzed, and then it was determined its place within the existing theoretical classifications. In the third and fourth section of the academic work, the results of the historical and comparative legal insights into the problem of the autonomous regulation were presented, with particular reference to the constitutional solutions in France and the Republic of Serbia. The author concludes that the autonomous regulation in the sense of theory and legal positivism represents a particular type of regulation which in the modern state has a much more modest scope in relation to the regulations that are being adopted on the basis of legal authorities.