Osnovna struktura Ustava Republike Srbije i dileme o mogućem ograničenju revizione vlasti
The basic structure of the Constitution of the Republic of Serbia and the dilemma of a possible restriction of revisionist authority

Author(s): Vladimir Mikić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; structure; Republic of Serbia; revision; authority; limitation; amendment;
Summary/Abstract: The article, by taking into account the basic structure of the Constitution of the Republic of Serbia, examines possible amendments to it in the light of review procedure restrictions and its potential change. Since the constitutional system of Serbia has no provisions that cannot be subject to constitutional review, it is important to determine whether the existing limits of the review are appropriate in substance and form. It is suggested that the sheer number of provisions that can only be altered by an on obligatory referendum appears to reflect an overreaching approach of the constituent power, aiming to establish a more difficult way for amending almost three-quarters of the constitutional text. The conclusion of such procedural inadequacy is supported by examination of the content of many of those norms, which appear to be of no special significance for the constitutional identity, and therefore, ought to be changed via regular procedure, i.e. by the parliament, and not in the way that would necessarily include citizens' direct approval of the amendment. The author therefore makes a concrete proposal for amending the existing framework of constitutional review in Serbia.

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