Ideološki osnovi američkog konstitucionalizma
Ideological Basis of American Constitutionalism

Summary/Abstract: The problem of ideological basis of American constitutionalism is exceptionally complex and it presumes an analysis of complicated relationships in which an American state was molded socially, politically and juridically. At the same time, one should keep in mind that the ideological conditioning and the theoretical idea must be perceived in relationship with the English constitutional and political system as well as the theoretical idea. The widest conceptual basis of American constitutionalism is the doctrine of natural law which in the process constitutional and political building of the American society has three basic functions, or appears as: 1) foundation of positive law, 2) source of individual freedoms and rights, 3) boundary of legitimate operation of the political power. The division of the power is the central point in the operationalisation of American constitutionalism. By analysis of relevant theoretical works, the author endevours to show that the division of power was thought and institutionalised as a primarily antidemocratic concept, whose social essence should not be searched for in placing boundaries on political power »as such- in interest of abstract natural freedom, but in placing limits on legislative power as a potential exponent of interests of the overbearing majority.

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