Ustavna revizija i manjinska prava - u kojoj meri je reviziona vlast slobodna da menja posebna prava manjina u ustavu Republike Srbije?
Constitutional Review and Minority Rights - in which merit is the revisionist authority free to change the special rights of minorities in the constitution of the Republic of Serbia?
Author(s): Tamás Korhecz
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Public Law, Ethnic Minorities Studies
Published by: Fondacija Centar za javno pravo
Keywords: Public law; Republic of Serbia; constitution; minorities; human rights; special rights; changes; revision;
Summary/Abstract: Basic hypothesis of this paper is that minority rights become an element of the constitutional identity of Serbia, they become a basic constitutional value protected by the Constitution. Seven decades long constitutional tradition of Serbia, wide political consensus about the constitutional recognition of minority rights, some Principles of the Constitution all support this hypothesis. Consequently, these special rights are now part of the constitutional identity of Serbia, special constitutional value limiting authority amending the constitution in future. This limitation means that constitutional amendments shell not cease minority rights in the Constitution or substantially limit their basic content. This limitation includes all constitutional minority rights guaranteed in Articles 75-81, but particularly those protected and implemented in practice. Particular function in the protection of constitutional identity from amendments ruining the constitution is on the Constitutional Court. This court, although without constitutional competence to annul unconstitutional constitutional amendments have various means to protect basic constitutional values threw interpretation of constitutional provisions.
- Page Count: 16
- Publication Year: 2017
- Language: Serbian