Abstract

Nonenforcement of legal rules is increasingly becoming a political strategy of regulation and reform implementation. European legal tradition sees nonenforcement as a fact outside of its scope, a sort of political anomaly. However, American tradition lacks substantive theoretical framework for analyzing nonenforcement; therefore, normative arguments are difficult to flow from it. As such, the article applies Bučar’s system theory in developing some recommendations how to deal with nonenforcement of laws legally and politically. Bučar’s system theory synthesizes both legal traditions and thus, enables a profound analysis of the topic as well as deduction of prescriptive measures.