Ustavotvotvorstvo u prijelazno doba
Constitution-Building In Times Of Transition

Summary/Abstract: The author holds that the constitutional theory today is put to the test in three areas. The first is the problem of the relationship between the trans-national regimes and the government institutions. The constitutional/legal theory is faced with the question how the norms concerning trans-national regimes can acquire the dignity of legal norms via “constitutionalization”. The second challenge is posed by trans-national regimes sui generis such as the EU’s legal system. The third concerns the process of EU’s expansion. For the author, a constitution is both an instrument and a symbol i.e. it is doubly coded. On the one hand, it leans on practice and instrumental implementation, and on the other on the world of representation. There are different types of constitutions. Type one are constitutions-manifests, largely solely symbolically coded. Type two are the constitutions in the form of contracts, structured more in the form of a legal relationship between discrete actors than a monolithic symbolic corpus. Type three are programmatic or planned constitutions, and they are associated with the rise and fall of socialist societies. They identify the already politically defined developmental goals. And finally, there are the so-called constitutions- cum-laws.

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