Acta Universitatis Danubius. Juridica, Vol 15, No 1 (2019)

Legal effects of acts of state power in the state of law

Fejzulla Berisha, Blerim Berisha

Abstract


The legal order is the entirety of people's relationships in society that are identified and sanctioned by fair and legal norms. As a rule, the legal order itself means the unity or set of legal norms and behaviors of the subjects of the law in this context of natural and legal persons, according to those norms that define the notion of the juridical order. The legal order is carried out by its elements that are the legal norms and behavior of the people. Different social relationships are regulated by legal order. The legal order is carried out by two categories: the normative category and the factual category. The state of law presupposes the existence of independent jurisdictions, competent for resolving conflicts between different subjects, whether legal or physical, by applying at the same time the principle of legality derived from the existence of the hierarchy of norms and the principle of equality that contradicts any differentiated treatment of natural and legal persons. Institutions in the state of law relate to the rights and freedoms of citizens that represents one of the most important legal categories. Through this category the legal position of the citizen is defined in society, which means the liberal state in the 21st century. In the liberal state, the principle of the state of law must dominate all the subjects of the law, including the sovereign (parliament) who creates the laws, and the executive who applies them.


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