УСТАВНО СУДСТВО И ДРУШТВЕНО-ПОЛИТИЧКИ СИСТЕМ ЈУГОСЛАВИЈЕ
CONSTITUTIONAL JUDICIARY IN THE SOCIO-POLITICAL SYSTEM OF YUGOSLAVIA

Summary/Abstract: Constitutional judiciary in Yugoslavia emanated out of the specific structure of its socio-political system, so that it was not introduced into that system arbitrarily or by chance. It is an independent constitutional institution which draws arguments for its stand-points and opinions from the constitution, as well as one of the basic institutions of the political system. As a constitutional body, the constitutional judiciary, by its position and functions, belongs to the wider framework of political power. However, it is not a superior body in relation to the other bodies and agencies of power and authority, while in the final analysis it is a body which does not create the fundamentals of policy, and does not make decisions on the direction of development of society and on the realisation of policy (this function, namely, pertains to the assemblies and to the bodies responsible to the assemblies). Constitutional courts are not »the bodies for creating the constitution«. While protecting the constitution, they implement it, and while implementing it, they develop it. Following are two equally harmful dangers related to the constitutional judiciary, namely: one is 'the legal formalism (Juristerei), and the other — political arbitrariness and disturbing of constitutionally established relations and functions of other constitutional bodies.

• Details
• Contents