Јачање извршне власти – влада као прикривени законодавац
Strengthening the Executive Power – The Government as a Covered Legislaturer

Summary/Abstract: The author analyzes the strengthening of the government in contemporary parliamentary systems through its position in the legislature, which justifies the claim that it is an essential and covert legislator. It is inevitable that the government is no longer just a mere executor of laws that are sovereignly passed by the people’s representatives, but that its role in the legislature has strengthened so much that it can be rightly said that the government is the key body in the legislature. Through theoretical analysis and practical indicators, the author seeks to indicate how parliamentarism has evolved, and what means, legal and political, the government uses to impose its will on the parliament. In answering the above and other questions, several methods were used with the aim of pointing out from various aspects the supremacy of the government in legislation and the purely formal role of the parliament, which, theoretically, has supremacy in this sphere. The basic methods that were applied were positive law and comparative law, with the aim of pointing out the institutional framework of the government’s position by analyzing the law in force in the states of the Romance and Germanic legal traditions. The first part also used the historical method, which served to point out the gradual strengthening of the government, which was increasingly protected from decade to decade, especially through the so-called rationalization of parliamentarism. Finally, a suitable place belongs to the political science method, because it is undeniable that law and politics are inextricably linked, and in this paper we attach particular importance to political parties as key factors that have strengthened the government’s position.

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