Уставни суд у политичком систему Cрбије и компаративна искуства – теорија и пракса
Constitutional Court in Serbian Political System and Comparative Experiences – Theory and Practice

Summary/Abstract: In this text, the author attempted to comprehend in the most possible realistic way, through an approach in legal and political sciences, the role and position of Serbian Constitutional court today. First, the author examined a theoretical problem of the character of this institution and its functions. In regard to this, the research of such issues did not serve as some theory for the sake of theory, but instead it represented a substantive contribution in terms of (un)justifying of some of the court’s controversial political functions such as impeachment or the right to ban the political parties, because a domain of one’s institution competencec derives from its intrinsic nature. Special observation was made concerning the court’s practice according to the data of 2009. Rich European jurisprudence and literature occupied a prominent place in it. These aspects are prima facie paradigms for the estimation of efficiency of Constitutional court of Serbia and main leverage instruments in analyzing the notion of constitutional court in toto. The conclusion of the paper is related to the necessity of transcending a traditional/ artificial dichotomy between constitutional law and politics and legitimization of the constitutional court with modified principles of representative democracy, while a critical view on the court’s practice (f.e. numerous unsolved cases) lead author to propose a structural re-shaping of the Serbian Constitutional court.

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