Deciding On Federal Constitution Amendments In Examples Of Some Modern Federal States Cover Image

Одлучивање о уставним изменама на примеру неких савремених федералних држава
Deciding On Federal Constitution Amendments In Examples Of Some Modern Federal States

Author(s): Miloš B. Stanić
Subject(s): Constitutional Law, Sociology of Law
Published by: Institut za uporedno pravo
Keywords: federal states; federal constitution; constitution amendments provisions; adapting constitution to social reality;

Summary/Abstract: Nobody can deny the federal constitution’s importance for the successful functioning of a federal state. Therefore the members of the federal states are interested to take part in the process of decision making on the proposed constitutional amendments. As a matter of fact, it is the last moment when they have the chance to express their final opinion on proposed changes. In this paper the decision-making phase will be analyzed during the constitution’s amendments proceeding. The aim of this work is to present the existing legal solutions and to identify similarities and differences between them. In fact, it is not enough. It was noted that in some federal states, constitution has been adapted to social reality without formal amendment proceedings to be done. Therefore, it is also necessary to point out the role of public authorities, who adapted constitution to social reality through their actions. This is done in the absence of the formal decision on constitutional change which should be set out in accordance with constitution amendments provisions. At the end, it will be necessary to assess both positive and negative aspects of such behavior.

  • Issue Year: 2014
  • Issue No: 3
  • Page Range: 345-358
  • Page Count: 14
  • Language: Serbian
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