Legal Status and Reality of the Constitutional Court of Serbia Cover Image

Правни положај и реалност Уставног суда Србије
Legal Status and Reality of the Constitutional Court of Serbia

Author(s): Slobodan P. Orlović
Subject(s): Constitutional Law
Published by: Институт за политичке студије
Keywords: Constitutional Court; election of constitutional judges; jurisdiction; constitution; Serbia

Summary/Abstract: In Serbia there is the continental type of constitutional-court power which is organized in the Constitutional court. Its role is primarily to protect the constitution and the constitutional order, especially constitutionality and legality, and most importantly, human rights. The fact that the Constitutional Court has an important, but much unutilized political role - to keep authorities, as much as possible, within constitutional boundaries, should not be overlooked. In other words, it would be brave to decide even in cases with significant political weight, in such way that protects the Constitution. In exploring the theme of the election of judges, their status and the jurisdiction of the Constitutional Court, questions will be raised as to the amendment of constitutional provisions which pertain to the Constitutional Court. On the other hand, the Constitutional Court and its judges, must resolve the most difficult (most important) constitutional disputes adhering to one criterion – the constitutionality. In that way they will raise the rank and reputation of this authority up to the necessary level which, unfortunately, has not always been the case in the past work of the Constitutional Court.

  • Issue Year: 2017
  • Issue No: 3/Spec
  • Page Range: 87-110
  • Page Count: 24
  • Language: Serbian