ПРАВА И СЛОБОДЕ КАО ЕЛЕМЕНАТ УСТАВНОСТИ И СОЦИЈАЛИЗМА
RIGHTS AND LIBERTIES AS AN ELEMENT OF CONSTITUTIONALITY AND SOCIALISM

Summary/Abstract: Human rights and liberties in an organized society and state are a permanent subject of social, political and legal thought. From the first beginings of the socialist and worker's movement they are subject to a number of controverses whose significance rose in the course of developing a socialist society. Professor Jovan Đorđević has, with his theoretical works in the field of legal and political science, and personal contribution to the constitutional development of contemporary Yugoslavia on the heritage of modem constitutionalism, given a great contribution to development of thought of the significance of human rights, liberties and responsibilises for the establishment or a more human, more open and more responsible society. He has widen the traditional field of interest for the questions of human rights and liberties, giving at the same time a critique of the conceptual framework in which the problem of man's liberation was deliberated: the philosophical-antropological approach which takes into account man's genetic nature, but by-passes the significance of social institutions, he thinks is unsufficient; legal positivism is also unacceptable because it sees man as a product of society and state which has power over him so that it authorizes or permits him to do one thing, and forbids him to do another. Đorđević makes critical analysis of processes in which contemporary state entangles the contemporary society in a giant net of measures using modem technological means and the power of megacomputers and rationalizes its practice with principles of „security” as a new version of Staatraison. By analysing how capitalism depersonilizes man giving the prime position to things and how etatistic authoritarian socialism establishes society and state on a hierarchy which divides people on the basis of privilege and forms new gaps, he sees in the trends of participation and the development of rights and liberties conditions without which contemporary societies will not be able to secure those -social and interpersonal relations and links which are requiste in order not to' bring about a new pessimism of the fall of man. Đorđević's concept is in essence similar to the classic „liberty within the framework of law" as. a solution that is not despotic on monocratic, but at the same tome-he tends to give back the philosophical-ethical and emancipatory content to the concept of law, but not only on the basis of the „compliance” of norms of the lower to the higher legal source. In this Đorđević stresses the role of the independent judicinary: constitutional provisiones on human right and liberties should be directly applied (because laws under the term „deduce” in reality limit rights); he appeals to the intelectual and moral conscience and autonomy; Đorđević sees a significant role of science (the science of socialism is still in the metaphysical stage and has not developed, a an adequate theory of man); and in self-management finds the universal ikey for rehabilitation of man a free and active social subject.

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