THE INFLUENCE OF THE CONSTITUTIONAL COURT ON THE POLITICAL PROCESS Cover Image

УТИЦАЈ УСТАВНОГ СУДА НА ПОЛИТИЧКИ ПРОЦЕС
THE INFLUENCE OF THE CONSTITUTIONAL COURT ON THE POLITICAL PROCESS

Author(s): Jelena Vučković, Anika Kovačević
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Constitutional Court; political process; political system; independence; legitimacy;

Summary/Abstract: The development of modern states, driven by technological advancement, has led to a continual re-examination and further enhancement of the rule of law and the protection of citizens’ rights and freedoms. In this context, constitutional review—particularly through specialized constitutional adjudication—represents an essential factor in the development of democracy and the overall modern political system. The Constitutional Court is a key institutional mechanism that, through the full scope of its competences, directly and indirectly influences the political life of the state. In constitutional theory, the position of the Constitutional Court is defined in various ways, which gives rise to numerous ambiguities regarding its functioning. In some countries, it is part of the judicial branch (as in the case of the U.S. Supreme Court), whereas in many others it operates as an independent state body with special competence in controlling the constitutionality and legality of laws. Its role and influence often extend beyond the strictly legal domain.This paper analyzes the impact of the Constitutional Court on political life through constitutional review, conflict resolution, the definition of electoral rules, and the protection of citizens’ rights. The Court’s decisions frequently produce far-reaching political consequences, shaping the course of social and political change. In order to minimize negative political influences on the work of the Constitutional Court, it is necessary to strengthen the legal system through appropriate institutional reforms, the advancement of political culture, and the enhancement of the Court’s legitimacy by fostering greater public trust in the overall political system.

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