Constitutional Borders of „Party“ parliamentary Term Cover Image
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Ustavne granice „partijskog“ mandata
Constitutional Borders of „Party“ parliamentary Term

Author(s): Nenad Vuković
Subject(s): Law, Constitution, Jurisprudence
Published by: Nova srpska politička misao
Keywords: souverenity citizen; parliamentary term; party term; free term; political representativness; representative democracy; political party; coalition; Serbian Constitution

Summary/Abstract: The new Constitution of Serbia from 2006. changed the nature of parliamentary term to issue the specific form of parliamentary term which is brought about loyalty political parties whose electoral lists representatives is elected. This constitutional link of parliamentary term with political parties is limited by constitutional principles national sovereignty and political representation of citizens. In electoral coalitions, constitutional solution explicitly mentions only political parties, not coalitions, and that solution disconnescts sanctions on representatives, because of their disloyalty in the direction of coalition. New constitutional solution gives very big power in political parties to the detriment of principles of national sovereignty and polical representation of citizens. Constitutional reforms in the direction of self-determined parliamentary term in agreed with europian practice in this moment is not real. In this meaning, coordination of legislature in the direction of the new constitution and restrictive legal regulation about conditions of party control of parliamentary term and procedures of lawful protection in this field are necessary.

  • Issue Year: 16/2008
  • Issue No: Spec ed 2
  • Page Range: 109-116
  • Page Count: 8
  • Language: Serbian