Уставни суд Републике Србије у праву и политици
Constitutional Court of the Republic of Serbia: Law and Politics

Summary/Abstract: In this article, the author tackles position of the Guardian of the Constitution - Constitutional Court, as seen from the aspect of politics and law. A Constitutional Court in a transitional system filled by change and reversal, such as the Serbian, is not actually in condition to attain the level of authority enjoyed by the highest state bodies resting on the horizontal power plane. Legal regulation is not the only guide for the Constitutional Court’s operation; political goals and interests, articulated by the “political” powers, inevitably govern Constitutional Court’s operation in Serbia. Despite the series of important constitutional jurisdictions, Constitutional Court is not succeeding to justify its role prescribed by constitutions. Insufficient construction, stability, and respect of the parliament’s institutes, allows politics to pass beyond constitutional borders. In this sense, Constitutional Court one of the system’s pillars, in the achievement of its rights, appears as the body subjected to politics and law, which is reflected on the functioning of the government as a whole.

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