Problem of the Independence of Judiciary in the Political System of Separation of Powers in Contemporary Serbia Cover Image

Проблем независности судства у политичком систему поделе власти савремене Cрбије
Problem of the Independence of Judiciary in the Political System of Separation of Powers in Contemporary Serbia

Author(s): Ilija Zindović
Subject(s): Human Rights and Humanitarian Law, Recent History (1900 till today), Government/Political systems
Published by: Институт за политичке студије
Keywords: democracy; separation of powers; rule of law; independent judiciary; executive; executive supremacy;

Summary/Abstract: This paper attempts to clarify the problem of organization and division of power in Serbia as a fundamental principle of modern government and the rule of law without which no realization of basic human rights, protection of individuals and the affirmation of the value of true democracy can exist. Special emphasis is placed on analyzing the principle of independence of the judiciary and asking if the executive branch has the de facto superiority over the other two branches. The conclusion is that the executive not only has impact on two other authorities (legislative, and judicial), but it has completely subordinated them to the interests of the ruling party, which inevitably leads to the destruction of democracy and the breakdown of rule of law.

  • Issue Year: 2011
  • Issue No: 4
  • Page Range: 75-98
  • Page Count: 24
  • Language: Serbian