LEGAL-THEORETICAL NOTION OF THE POLITICAL-TERITORIAL AUTONOMY Cover Image

ПРАВНО-ТЕОРИЈСКИ ПОЈАМ ПОЛИТИЧКО ТЕРИТОРИЈАЛНЕ АУТОНОМИЈЕ
LEGAL-THEORETICAL NOTION OF THE POLITICAL-TERITORIAL AUTONOMY

Author(s): Ratko Marković
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Governance
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: Treated in the article is the notion of autonomy .(territorial one) which is based on normative solutions and practice of that form of political-territorial decentralization in the world, and first of all in the European countries. It is also based on the endeavours to build up in abstracto the specificity of this form of political decentralization. The author determines the notion of local self-government as the lowest, and of the federation, as the highest form of political decentralization. Territorial autonomy as the »medium« degree of political decentralization is characterized by the following elements: it is a legislative subject, i.e. the protagonist of the legislative power; it is a legal and not a constitutional category, which means that, accordingly, it has no constitutional- -creative authority, meaning also the lack of (the right to self-organizing; it is under the supervision of the central state authority, and is not represented as such in the central state agencies and bodies, and first of all in the constitutional-creative and legislative bodies. On the ground of the analysis of each of the above mentioned basic characteristics of the political-teritorial autonomy, the author concludes that this is a form of political-territorial decentralization which has higher degree of independence in relation to the central 'State power as contrasted to local self-government, while it has lower degree of independence than the federal .unit in a federal state.

  • Issue Year: 33/1985
  • Issue No: 5-6
  • Page Range: 642-650
  • Page Count: 9
  • Language: Serbian