THEORETICAL STANDPOINTS ABOUT THE DECREES WITH THE FORCE OF LAW “MAD AS HATTER" ACTS IN THE LEGAL SYSTEM WITH A TWISTED AND UNPREDICTABLE LEGAL NATURE

Abstract

The paper, Theoretical Standpoints about the Decrees with the Force of Law – “Mad as Hatter" Acts in
the Legal System with a Twisted and Unpredictable Legal Nature" analyzes the decrees with the force of
law as a special type of decrees. Regarding the legal nature of these decrees, they are characterized by
greater independence compared to the executive decrees. Particular emphasis will be placed on
consequences of their enactment and the legal force of these acts, in terms of their action contra legem, a
differentia specifica, that completely changes the physiognomy of these acts, categorizing them as a hybrid
category. As stated in the paper, conditions and circumstances may occur in the life of the state that can
cause immediate and temporary compromise of the principle of separation of powers, and even jeopardize
the survival of the state. This compromise of the principle of separation of powers prompted by specific
conditions and circumstances (some of them vis major) can be politically justified. But for the science of
constitutional law, the aforementioned twisting of the principle can be justified either by the existing
constitutional norms or in case they are not provided for, by a broader legal interpretation. In this case, the
established constitutional and legal system remains in force, the state bodies of the central government do
not change, but the consequences of the new occurred circumstances, change the division of the
competencies among them. Essentially this would mean that the twisting of the principle of separation of
powers is aimed at the benefit of the executive and to the detriment of the legislature. Namely, the
competences of the executive are expanded and the expansion is within the normative function. Thus, the
usual hierarchical legal pyramid through which the legal system is represented gets spherical distortions
from which the statics of the construction and its survival are at stake. It seems that the urgent, effective
and efficient action in emergency/war conditions, to avoid major problems and damages that the citizens
and the state could face, has an additional motive - a return to the original system construction. Finally,
this surreal witcher story, which is "narrated" by the decrees with the force of law, has an additionally
entangled narrative which refers precisely to the questions, "can only the laws be changed by the decrees
with the force of law or the constitution as an act, as well?