IZBOR VLADE U USTAVU CRNE GORE OD 2007. U SVJETLU UPOREDNOG PRAVA
GOVERNMENT ELECTION IN THE CONSTITUTION OF MONTENEGRO FROM 2007 IN LIGHT OF COMPARATIVE LAW

Summary/Abstract: After presenting the main mechanisms of parliamentary systemson a comparative level and their mutual differences, theauthor highlights the possibility of multiple elections of a governmentin a single parliamentary term, even after having a priorgovernment voted out of confidence, as an essential element ofthe continental parliamentary system. The author then pointsout to different solutions by which this possibility is realized inthe constitutions of European parliamentary democracies. Theauthor then highlights the solution of the Constitution of Montenegrofrom 2007 as specific in terms of its nomotechnics. Inthe continuation of the work, the author presents a linguisticand systemic interpretation of the norms of that Constitutionand examines the thesis that it introduces a “cabinet” systemof government. The author then presents how the office holdersin Montenegro actually interpret and apply the stated normsof the Constitution. After comparing the text of the Constitutionand the practice of the office holders, the author questionsthe issue of their mutual compatibility. In doing so, the authorpoints to the opinion of the Venice Commission, the ConstitutionalCourt of Montenegro, exploring as well the grounding ofthe thesis that the aforementioned practice is based, not on thetext of the Constitution, but on constitutional customs. Finally,the author critically examines the current version of the Constitutionof Montenegro, concluding on the necessity of revisingthe Constitution of Montenegro in the part of its Governmentelection procedure.

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