"The Borders" of the Legislator’s Freedom in the Legislation

The law is used in society as an effective social tool to provide regulatory protection of values. With the development of society, also the understanding of the law or the sources of law changes. During the second half of the 19th century - the first half of the 20th century, the representatives of the school of legal positivism provided the substantiation for the legislator's discretion in creating the law. However, in examining the institute of legislator, it must be kept in mind that whoever the legislator might be: the national or the supranational parliament, the source of the sovereign power constantly is the people. Therefore, each legislator exercises the power of the people, not that of its own. Hence, only an appropriately authorized body of state power has the right to issue norms of conduct that are binding upon society. The legitimisation must be direct, and the people's authorisation cannot be transferred; however, in an exceptional case, in doing so, the limits set in the constitution and the law must be strictly observed.