Stabilnost prava in spreminjanje predpisov

slovenian

2025

principle of adapting to social circumstances   stability of the law

Inštitut za primerjalno pravo pri Pravni fakulteti v Ljubljani IPP-PF
(Obvezni izvod spletne publikacije)

Although the stability of the law is certainly a value worth striving for within the framework of the principle of legal certainty, this does not mean that the law must remain unchanged. The demand for legal stability requires that the legal framework should not be amended too frequently; however, this is balanced by the legislator’s duty to amend legislation when changing social circumstances so require. A review of constitutional court practice, in which the Constitutional Court has developed the principle of adapting to social circumstances, shows that the legislator is not entirely free to regulate situations differently at different points in time, as they must act in accordance with the principle of equal treatment and within constitutional limits regarding the prohibition of retroactivity.

27.05.2026