ПОЧЕЦИ КОНСТИТУЦИОНАЛИЗАЦИЈЕ СУДСКЕ НЕЗАВИСНОСТИ У КОНТЕКСТУ ПРАВНЕ ЕВРОПЕИЗАЦИЈЕ НОВОВЈЕКОВНЕ СРБИЈЕ
THE BEGINNINGS OF THE CONSTITUTIONALIZATION OF JUDICIAL INDEPENDENCE IN THE CONTEXT OF THE LEGAL EUROPEIZATION OF MODERN SERBIA STATE

Summary/Abstract: The work under the mentioned title is not only a critical review of the constitutional and legal past, but also a kind of telling about the present, and also about the perspectives of future legal development. Namely, the author starts from the position of constitutional law science according to which the constitutional model of contemporary Serbia must necessarily rest on constitutional identity as a combination of general constitutional principles and national constitutional values. Therefore, returning to the very beginnings of the constitutionalization of judicial independence as a key institutional guarantee of the rule of law, that is, the rule of law, aims to put one's own historical experience into the function of finding the best constitutional solutions appropriate for today's times. Nineteenth-century Serbia renewed its statehood with a view to European models. Considering that in modern constitutional law theory, and then in the constitutional practice of modern European states, a high valuation of judicial independence was expressed as a conditio sine qua non of the rule of law, the beginning of constitutionalism in Serbia was marked by an effort to provide adequate constitutional protection mechanisms in judicial independence. With a critical review of the scope and content of the formal mechanisms for the protection of judicial independence, contained in Sretenjski and the so-called Regarding the Turkish constitution, the author tries to reexamine the previous assessments of the same. At the same time, he is aware of the fact that constitutional guarantees of judicial independence are the first, albeit necessary, step on that path. In order for the order to function effectively in accordance with the standards of the rule of law, it is necessary to have an appropriate social environment in which the independence of the courts will be developed and protected, which includes, first of all, a developed social and legal awareness, as well as a political and legal culture in general.

• Details
• Contents