УСТАВНО СУДСТВО НА ПРЕСЕКУ ПРАВА И ПОЛИТИКЕ
CONSTITUTIONAL JUDICIARY AT THE INTERSECTION OF LAW AND POLITICS

Summary/Abstract: The matter of relationship between the traditional branches of government – executive, judicial and legislative – on one side, and the constitutional court on the other, never loses its relevance. Interaction between the legislator and the constitutional court remains the focal point of this relationship. In the vast majority of modern states, constitutional courts represent the most powerful instrument of institutionalization of the constitutional protection function. However, the question of scope of the constitutional judiciary power is unresolved, both in theory and in practice. Namely, there is an ongoing discussion on the rapport between the constitutional court and the idea of the separation of powers, and between the constitutional court and politics. The question of the connection between constitutional courts and politics becomes more relevant as the jurisdiction of constitutional courts extends, and as the range of the acts falling under constitutional judicial review broadens. One of the functions of constitutional judiciary is to exercise legal control over politics. Decisive factor of the activities of constitutional court is constitution, as a legal act of the highest level, with strong political attributes and undisputable political importance. Furthermore, in the hart of these activities are constitutional legal questions, which include certain political elements.

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