Основне вредности у систему владавине права- на примеру народног представништва
Fundamental Values In The Rule Of Law - The Example Of National Representation

Summary/Abstract: In this paper, the author analyzes the process of establishing a system of fundamental values in the rule of law in the context of constitutional discontinuity by exploring the concept of the representative mandate as a basic constitutional principle in new democracies. The first part contains the general considerations on the relationship between the constituent power versus the fundamental values and (non-)legal factors, which should support both the establishment of constitutional rules and their interpretation in order to maintain the fundamental values. The subject matter of analysis in the second part are the citizens’ value judgments on the representative mandate, which are to reveal the evolutionary pattern of this principle in both developed and developing democracies. Taking into account the gap between the existing and the proclaimed constitutional system in Serbia, the third part of the paper contains a proposal for instituting a set of potential constitutional measures to "defend" value judgments on the representative mandate.

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