Грађанска непослушност, право на отпор тиранији и „помоћ угроженој држави” као механизми заштите и (поновног) успостављања демократског уставног поретка
Civil Disobedience, the Right to Resistance Against Tyranny and «The Aid to State in Danger» as Mechanisms for Protection and (Re-)Establishment of a Democratic Constitutional Order

Summary/Abstract: In this text author analyzed certain specific mechanisms that the people use for purpose of protection of their rights and freedoms and democratic principles, and also for (re)-establishment of a democratic order in case of its imperilment, or, for that instance, for its constitution, in case that it has not existed before. Hence, the word here is about specific social and political preconditions for establishment and preservation of democratic institutions and practice. The protective mechanisms are: civil disobedience and the institution of granting aid, so-called “the aid to the state in danger”, that is represented in two different levels or a level of protection of democratic constitutional state, so that the civil disobedience is first protective level connected to regular functioning of the constitutional order, while “the aid to the state in danger” is a tool of the second level of protection, that is connected to an emergent state, when the functioning of this order is imperiled by anti- constitutional, so- called protyrannical forces and so there exists the danger of constitution of tyrannical government. On the other hand, the right to resistance against tyranny has been treated as the last tool to use in case of definitive formation or existence of tyrannical government for purpose of (re)-establishment of democratic constitutional order. Although granting “the aid to the endangered state” is still a specific German legal institutional tool, here the starting point is Molnar’s concept of democratic constitutional state, implying that the state of emergency (in broad sense), regarded to implementation of this institute, is one interim- state, that is, the state that is defined as a state between regular functioning of democratic constitutional order and establishment of tyranny. In addition to definition and notional demarcation of these different means of political battle, the author of the text dedicated special part of the text to historical idea and practice of the right to resistance against tyranny and its current status, for purpose of the negation of a wrong belief that it has been abolished and become an useless issue and also for purpose of underlining its great contribution to development of social and political awareness of the citizens, or its self- consciousness in regard to resistance against illegitimate government, that is, its illegitimate decisions, through disobedience, in particular in times when the people’s freedoms and basic rights have been imperiled by it.

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