Status i uloga preambule u Ustavu Republike Srbije
The status and role of the preamble in the Constitution of the Republic of Serbia

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; preamble; legal effects; Republic of Serbia; evaluation;
Summary/Abstract: The article examines the relationship between the preamble of the Constitution of the Republic of Serbia of 2006 and the normative part of its text. The preamble contains six components, half of which represent the declaratory elements and the other half more precise elements (the aim of which is the protection of Serbia’s interests in the Autonomous Province of Kosovo and Metohija). Comparative analysis of the features of the preamble establishes that, in terms of its more specific elements, the content of the preamble of the Serbian Constitution represents a notable exception in constitutional law. Considering the legal effect of the preamble, difference between the two types of elements becomes even more explicit. However, the systematic interpretation of the constitutional document demonstrates that the question of the legal effects of the preamble becomes irrelevant in light of the fact that the normative part of the Constitution adds necessary instruments for the protection of the aims and values promoted in the preamble.

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