Constitutional protection of national minorities: counter majoritarian argument as protector of democratic values Cover Image

Ustavnopravna zaštita nacionalnih manjina: protuvećinski argument u ulozi zaštitnika demokratskih vrijednosti
Constitutional protection of national minorities: counter majoritarian argument as protector of democratic values

Author(s): Valentino Kuzelj, Domeniko Kvartuč, Antonija Petričušic
Subject(s): Human Rights and Humanitarian Law
Published by: Fakultet političkih nauka Univerziteta u Beogradu & Fakultet političkih znanosti u Zagrebu
Keywords: national minorities; the People; constitutional identity; referenda; democracy

Summary/Abstract: The formal legal frame for the protection of national minorities in Croatia is ‎highly developed considering the regulations of the Constitution of the Republic ‎of Croatia and the Constitutional law on the rights of national minorities ‎(as an organic law), concluded and ratified international treaties, and other‎ laws and by laws. Additionally, the readiness to protect the rights of national ‎minorities is evident from the jurisprudence of the Constitutional Court,‎ which is accentuated by the conformation of the paragraph 2 of the constitutional Preamble, articles 1 and 3 (from which the acceptance of the so-called ‎political conception of the people arises), and article 15, paragraph 4 (individual‎ right of members of national minorities to use their language and script)‎ as a part of the Croatian constitutional identity. Therefore, the reasons for the ‎problems in exercising the rights of national minorities need to be sought in ‎the insufficient level of political culture.‎

  • Issue Year: 11/2021
  • Issue No: 2
  • Page Range: 7-33
  • Page Count: 27
  • Language: Croatian