ДЕМОКРАТИЗАМ УСТАВНИХ ПРОМЕНА
DEMOCRATISM OF CONSTITUTIONAL CHANGES

Summary/Abstract: After pointing out at the notion of constitution, namely at the need of distinguishing between constitutional documents and constitutional reality, the author considers the world-wide historical development of constitutionality throughout last two centuries, relating this to some aspects of actual constitutional changes in Yugoslavia. The author states that all constitutions are characteristic due to their duality, since they represent primarily a constitution of a state, and, to a degree, also of a society. That gives ground to Hegel’s and Marx’ distinguishing between „a political state” and „bourgeois society”. That duality is present also in the Constitution of the SFR of Yugoslavia, which was enacted in 1974. While emphasizing that a constitution is always a result of effects of objective social factors, too, but also of human creativity, the author considers the position and role of political leadership and people in the process. He also emphasizes that, out of different reasons, a constitution is a creation of political leadership, while the people is able to engage in the enactment of the constitution only to a small degree and first of all by taking part in so-called general discussion. Although the constitution in modern times has a tendency to express democratism, and more particularly to serve as a confirmation of the legitimacy of the state, and first of all through approval and agreement by the people, all that is made possible only to a limited degree, and is often more formal than real. The degree of democratism of any constitution depends on specific conditions and situation in society, which applies also to the ways and forms of changing the constitution. In case of constitutional changes in Yugoslavia, various circumstances influence the insufficient participation of the people in constitutional changes. According to the author, due to proclaimed socialist and democratic principles, it would be beneficial if genuine democratism is expressed in these processes.

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