Ustavno načelo podele vlasti – zakonodavna vlast, izvršna vlast i položaj političkih stranaka u Republici Srbiji
The Constitutional Principle of the Separation of Powers – Legislative Power, Executive Power and Political Parties in the Republic of Serbia

Author(s): Tamás Korhecz
Subject(s): Politics, Constitutional Law, Governance, Public Law, Government/Political systems
Published by: Fondacija Centar za javno pravo
Keywords: Separation of powers principle; constitutional order of the Republic of Serbia; position and relation of the legislative and executive branch of power; political parties;
Summary/Abstract: The essay discusses some actual topics related to the implementation of the Separation of powers principle in the constitutional order of the Republic of Serbia, with special focus on the position and relation of the legislative and executive branch of power. The practical relationship between these two branches is far from the normative solutions stipulated by the Constitution. Among the reasons for these deformities one may note the position and actual power of ruling parliamentary political parties. This power is much beyond the position of political parties stipulated by the Constitution itself. Despite these discrepancies between the constitutional provisions and constitutional practice, the power of political parties and their leaders is democratically acquired on democratic elections. However, democratic legitimacy of powerholders is not equal with constitutionalism and rule of law, which requires the separation of powers as well. The concentration of political powers outside democratic state authorities in ruling parliamentary parties generates some worries: political parties often lack necessary transparency, internal democracy and effective judicial control. The present shortcomings might be cured, at least partially by the reform of the present oversimplified proportional electoral system. Single member districts, with individuals competing for parliamentary mandate, exclusion of having elections on all levels on the same date and other rules may create more power balance within the system of the separation of powers.

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