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CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA: EXPERIENCES AND PROSPECTS

Authors
Publisher
Faculty of Political Science
Publication Date
Keywords
  • Ustav
  • Ustavni Sud
  • Ustavni Zakon
  • Constitution
  • Constitutional Court
  • Constitutional Law
Disciplines
  • Law
  • Political Science

Abstract

The author looks into the position of the Constitutional Court in the light of the proposed Constitutional Law on amendments and modifications of the Constitutional Law on the Constitutional Court which would change some powers of the Constitutional Court. A short historical review shows that the Croatian people belong to the European civilisational setting, as evidenced by numerous documents and statutes that have regulated the rule of law in Croatia. According to the Croatian Constitution, the Constitutional Court is assigned a special place. Namely, the Constitutional Court is outside the system of the division of power into the legislative, the executive and the judiciary; it is a special constitutional category that cannot be under the scrutiny of law since it scrutinizes laws. The author goes on to enumerate the changes in the jurisdiction and the operation of the Court envisaged in this new proposal of the Constitutional Law. The author concludes that constitutional courts are the very core of western democracy and that they protect constitutions as a constantly developing living form.

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