Teorijska neutemeljenost kritike jugoslavenskog federalizma
Absence of Theoretical Foundations in the Criticism of Yugoslav Federalism

Summary/Abstract: The heterogeneity of a federal state mainly depends on the social structure of its constituent units. In those federations where the federal units do not differ culturally or nationally, where the federal state coincides with the nation, the most suitable type of federalism is that which draws a sharp distinction between the jurisdiction of the federation, with all the autonomous government agencies, and the federal units. In a federal state of this kind, the federation as an autonomous levels of power and governs independently of the federal units. In federations where state unity is the result of consensus of the individual nations and of their federal units (together with other const i to tent parts of the federal community), founded on the right of nations to self-determination up to secession, the federal level cannot be separated from the level of the federal units. In such cases, by participation on the basis of parity and by consensus, federal units formulate common policies. An egalitarian type of federation is thus established, which can be more efficient than the monocratic type (the American form of federalism is monocratic), because it is founded on the principle of free will. The multinational composition of a society is a fact that cannot be ignored and requires a form of federalism which integrates in a new way the unitary and the confederal aspects of federalism. Consequently, the federation of a multinational society requires a new form of government that will devise new means to deal with the problems of consensus and efficiency of government. The Yugoslav Constitution of 1974 provides such means.

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