НОВИ УСТАВНИ ИНСТИТУТИ У ЕВРОПИ: ЗАПАЖАЊА О КОРИСНИМ И НЕПОВОЉНИМ АСПЕКТИМА ШИРЕЊА УСТАВНЕ МАТЕРИЈЕ
NEW CONSTITUTIONAL CATEGORIES IN EUROPE: SOME THOUGHTS ABOUT UTILE AND CERTAIN LESS DESIRABLE ASPECTS OF EXPANDING MATERIA CONSTITUTIONIS

Summary/Abstract: Expanding the constitutional content has its positive and, also, less favorable effects. Making certain issues the matter of the constitutional regulation has for long been established as a tendency in the European comparative constitutional area. Constitutionalization of a rising number of categories and non-legal terms conflicts with the dignity of the constitution, having, at the same time, for consequence a more limited possibility of an arbitrary sub-constitutional regulation of various matters. A more favourable aspect of the noticed trend is contained in branching out into a delta of original expressions of competences of the constituent power. The constitutionalization of independent regulatory bodies is ever more visible, as is the gradual elevation of the consumers’ protection or the widening of fundamental rights on the status of the constitutional content. On the other hand, a noticeable tendency of unadjusted transposition of international legal acts in the field of human rights in national constitutions, contributing to the transfer of constitutional emphasis towards the law of human rights. The content of numerous constitutions is too much of a unitary nature for the legitimate requests of theory which claims that constitution is the expression of sovereignty of every state, as well as of its subjects to whom the constitution-making capacity belongs. The expansionism of the constitutional law appears as a simplified expression of the necessities recognized elsewhere, and forged through very particular political circumstances and social relations. The paper indicates the ways in which described deficiencies can be eliminated, for the purposes of protecting the dignity of constitution, and promoting the expression of an authentic constitutionmaking power, based on a conclusion constructed upon the analysis of constitutions of European countries.

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