CONSTITUTIONAL CONVETIONS Cover Image

УСТАВНЕ КОНВЕНЦИJE
CONSTITUTIONAL CONVETIONS

Author(s): Radmila Vasić
Subject(s): Constitutional Law
Published by: Правни факултет Универзитета у Београду
Keywords: Constitutional conventions; Legally binding element; England

Summary/Abstract: The English .miracle" of constitutional system is undoubtedly based and developed owing, mostly, to the constitutional conventions which are in fact cerain existing political practices of normative substance, which are more or less respected in legal and political activités in England. Opinions, however, differ while trying to explain their legal nature. In the legalistic manner legal character is being challenged to these constitutional conventions, since they do not enjoy judicial protection. On the other hand, there are opinions according to which leggaly binding character of constitutional conventions is based on determined general agreement of the constitutive factors concerning the existence of custom and the need for its implementation, which agreement is supported by the general public, too. This way of coming to conclusions is supported by the logic of things. Namely, if the basic constitutional norm on the unlimeted power of the Parliament os of a customary character, it is impossible not to recognize its legal nature, because it makes grounds of a hierarchically graded legal order.

  • Issue Year: 38/1990
  • Issue No: 6
  • Page Range: 702-712
  • Page Count: 11
  • Language: Serbian
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