Pretpostavke djelotvornosti ustava
Presuppositions of a Constitution's Efficiency

Summary/Abstract: Every community, including political communities, is a functional system. Its basic feature therefore is efficiency. The functions of a community are enacted on the basis of a fundamental matrix; for contemporary political communities such a matrix is represented by the constitution. Efficiency is the basic determinant of the constitution's validity, which is twofold: it finds expression,* in the possibility of the constitution to be implemented and,** in the possibility for the constitution to make the community function more efficiently. The efficiency of the constitution is based on two presuppositions: that it is logical and coherent and not self-contradictory, and second, that it is made to human measure, namely that men can normally control the state of fact inaugurated by the constitution. An analysis of the Yugoslav constitution of 1974 shows that many of its stipulations are logically not fully coherent. By its size, its linguistic structure, and style the constitution is not made to ’’human measure”. In it the established order, principles, institutions, and norms cannot be easily surveyed, and are not sufficiently clear and unambiguous so as to be adequately functional from that point of view.

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