ИДЕЈЕ УСТАВНОСТИ У ДЈЕЛИМА ПРОФЕСОРА ЈОВАНА ЂОРЂЕВИЋА
THE IDEA OF CONSTITUTIONALITY IN THE WORKS OF PROFESSOR JOVAN ĐORĐEVIĆ

Summary/Abstract: The idea of constitutionality has a central position in the constitutional and political thought of the academician prof. Jovan Đorđević and it is present almost through the whole of his scientific work. His concept of consitutionality is marxist-humanistic. According to prof. Đorđević, constitutionality is a political phenomenon in essence, and legal in its form. It is not only a principle of state, but also a social principle. By institutionalizing and restricting of the power, constitutionality defends the liberties and rights of man and citizen, and according to prof. Đorđević, provides the domination of law, contrary to the domination over men, and also provides the legal security of citizens, if the legal prescriptions are in accordance with the constitution. Constitutionality, as an idea and a movement, rised as a platform for the struggle for democracy, and in regard to the social revolution, constitutionality followed it and verified its achievements, being the act of its stabilization and victory. In a self-management society, as prof. Đorđević puts it, constitutionality was determined to play „the old and the new role”: to restrict the power, but also to substitute it more and more by forms of man's free activities — specially by self-management. The basis of this new mission of constitutionality, prof. Đorđević finds in Marx’s stand-point on Constitution as „an act of self-determination of the people”, he. of the working men.

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