EUROPEAN MODEL OF CONSTITUTIONAL JUSTICE - ITS EXISTANCE AND PERSPECTIVE
EUROPEAN MODEL OF CONSTITUTIONAL JUSTICE - ITS EXISTANCE AND PERSPECTIVE
Author(s): Olivera Vučić, Dragan StojanovićSubject(s): Constitutional Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Constitutional justice; constitutional court; constitutional review; normative control
Summary/Abstract: In a number of states, including the Republic of Serbia, constitutional justice has been assuming the role of the supervisor of the legislative, the executive and the regular judicial power. Although it means that constitutional courts in Europe have increasingly become "the people's courts", they still preserve the character of independent institutions which, while resolving extremely complex objective constitutional conflicts, still occupy, "a position at the intersection of law and politics". On the other hand, an extraordinary activism of constitutional justice in review of rights has resulted in an increased number of proponents in the doctrine of constitutional jurisprudence advocating the standpoint that constitutional justice is a specific power of constitutional control; given its nature, it has come to be the "forth" branch of state authority.
Journal: Зборник радова Правног факултета у Нишу
- Issue Year: LIV/2015
- Issue No: 69
- Page Range: 13-28
- Page Count: 16
- Language: English