Podela vlasti u ustavnom sistemu Srbije: mogućnost ravnoteže
The Separation of Powers in the Serbian Constitutional System: Possibility of Balance

Author(s): Irena Pejić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Governance, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: Separation of Powers; Serbian Constitutional System; principle of trichotomous separation of powers; legislative and executive branch of government;
Summary/Abstract: The main goal of this paper is to show how the framers of the Constitution can elaborate the basic core of parliamentarism in different varieties in order to achieve the objectives of balance in the system of separation of powers. There is a wide range of acceptable theoretical possibilities and solutions, but one should not ignore the non-legal factors which have significant impact on the constitutional authorities and the expected or assumed objectives of their public functions. The principle of trichotomous separation of powers, its balance and mutual relations between the authorities are being developed under the influence of the political game rules, at a given time and within the framework of the current constitutional system. These issues constitute the connective tissue of the organizational and functional scheme of the separation of powers. Due to the different conditions underlying the frame for developing this constitutional principle and many controversies encountered in practice, there is a need in new democracies to reconsider the classical theory of separation of powers. In that context, the author analyzes the relations between political authorities in the legislative and executive branch of government, in light of the normative framework provided by the Constitution of Serbia (2006). The analysis of the constitutional arrangements is accompanied by proposals for amending and potentially establishing a new system of separation of powers.

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