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

• Author: Fejzulla Berisha, Blerim Berisha
• Pages: 18-33

ACTA UNIVERSITATIS DANUBIUS Vol. 15, no. 1/2019

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Legal Effects of Acts of State Power in the

State Of Law

Fejzulla BERISHA1, Blerim BERISHA2

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 i ndependent 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 l aw

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.

Keywords: Legal order; the state of law; Independent jurisdiction; the liberal state; the legal limitation

of state power

The state of the law itself consists of:

1. Guarantees for respect for human rights and freedoms and 2. The legal limitation

of state power.

1 Associate Professor, PhD, Faculty of Law, University Kadri Zeka Gjilan, Republic of Kosovo,

Address: Zija Shemsiu n, 60000 Gjilan, Tel.: +381 280-390-112, Corresponding author:

fejzulla.berisha@uni-gjilan.net.

2 Master Candidate of Communication Sciences NMSE, Vrije Universiteit Brussels – VUB, Belgium,

Address: Pleinlaan 2 1050 Brussel, Belgium, E-mail: be.blerim@gmail.com.

AUDJ, Vol. 15, No. 1/2019, pp. 18-33

JURIDICA

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From this it turns out that the state can not impose anything because it concerns with

the equality of citizens in relation to other subjects, respectively to the power.In other

words, the citizen is a free subject within the certain legal norms, but has the right to

seek assistance from the state in relation to the realization of his rights and freedoms.

Depending on the content of human rights and freedoms, we can group them into

two categories:

1) Political rights and freedoms (the right to participate in political functions), the

active and passive right of elections and the right to be equal to public functions, the right

for adequate representation and the right of communities to state bodies, etc. social right

and freedom (freedom of association, the right to family protection, the right to

motherhood and childhood, health and social protection, favorable living conditions,

etc.).

2) Economic, social and cultural rights, such as the ri ght to property, the right to

commercial activity, labor rights, educational rights, the right to participate in cultural

life, the right to use scientific and cultural progress, literature creativeness and other types

of creativeness.

These two categories are inevitable in state law.

In order to understand the legal order it is necessary to stop at legal sources,

respectively sources of law which identify the main tools for the expression of the

will of the relevant state bodies and the rules of c onduct, legal norms of conduct,

where we can divide legal acts in general acts and special acts. As a rule, the general

acts are called sources of law and that in the formal and material sense.

The right in its broad meaning is a set of rules controlled by the authorities that have

binding and legal force. The right of a country can be created in different ways. The

different ways of creation lead to identifying different sources of law. Therefore: “A

source of law is every element, fact or act despite the form, which provides a binding

rule for the members of a certain society”. The mandatory rules are divided int o

formal rules or sources and informal rules or sources. Thus, we have written rules

such as constitutions, laws, ordinances, court decisions, but we also have customary

unwritten rules, based on need and derived from religious texts.

Most of legal systems have chosen the formal s ystem of law sources: they predict

expressly the ways of creating the right. Another important fact is the relationship

between the sources. In every system, we face several sources of law.

The existence of some sources leads us into using an evaluation system between

them. We use the hierarchical principle according to which the high sources prevail