On Binding Individuals With Non-Constitutional Executive Acts From the Perspective of Rules of Conventionalisation and Formalisation

Abstract Understanding the Constitution as the essential act of a legal system prompts us to turn to it in search of answers to even the most difficult questions. One such question is the issue of binding individuals with executive regulations that violate constitutional guarantees. While the question of binding common courts with such acts is beyond doubt, the scope of the rights of the addressees of these acts is not unambiguously settled in legal commentary. Therefore, the purpose of this study is to determine the extent to which individuals are bound by unconstitutional regulations. This paper employs the method of investigation of the law in force, particularly using the perspective of describing executive acts as products of conventional activities. In the author’s opinion, it is precisely this perspective that makes it possible to formulate and justify the thesis that, in the case of certain types of unconstitutionality of executive acts, individuals may also refuse to apply them.