Ustavnopravna zaštita nacionalnih manjina: protuvećinski argument u ulozi zaštitnika demokratskih vrijednosti
Constitutional protection of national minorities: counter majoritarian argument as protector of democratic values
Author(s): Valentino Kuzelj, Domeniko Kvartuč, Antonija PetričušicSubject(s): Human Rights and Humanitarian Law
Published by: Fakultet političkih nauka Univerziteta u Beogradu & Fakultet političkih znanosti u Zagrebu
Keywords: national minorities; the People; constitutional identity; referenda; democracy
Summary/Abstract: The formal legal frame for the protection of national minorities in Croatia is highly developed considering the regulations of the Constitution of the Republic of Croatia and the Constitutional law on the rights of national minorities (as an organic law), concluded and ratified international treaties, and other laws and by laws. Additionally, the readiness to protect the rights of national minorities is evident from the jurisprudence of the Constitutional Court, which is accentuated by the conformation of the paragraph 2 of the constitutional Preamble, articles 1 and 3 (from which the acceptance of the so-called political conception of the people arises), and article 15, paragraph 4 (individual right of members of national minorities to use their language and script) as a part of the Croatian constitutional identity. Therefore, the reasons for the problems in exercising the rights of national minorities need to be sought in the insufficient level of political culture.
Journal: Političke perspektive
- Issue Year: 11/2021
- Issue No: 2
- Page Range: 7-33
- Page Count: 27
- Language: Croatian