Perspektive izgradnje demokratske ustavne države u Srbiji
PROSPECTS OF CONSTRUCTING A DEMOCRATIC CONSTITUTIONAL STATE IN SERBIA

Summary/Abstract: This paper provides a critical evaluation of the Constitution of the Republic of Serbia of November 8, 2006, and finds it an insufficient foundation of a democratic constitutional state. Based on Carl Schmitt’s theory, the Serbian regime is defined as most similar to a total pluralist party-state (totaler pluralistischer Parteistaat). Still, there are large cracks in the regime resulting from the dialectics of opposed tendencies towards a pro-Kosovo commissarial dictatorship (aiming at the introduction of a state of emergency in order to defend Kosovo and Metohia) and a pro-European sovereign dictatorship (aiming at “European integrations”, but not at the construction of a democratic constitutional state). In the final section, the paper points out the problems facing the Serbian political actors in the coming period should they strive towards constitutional consolidation of Serbia and towards making European integrations part of the task of constructing a democratic constitutional state.

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