Author(s): Jelena Vučković
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Globalization
Published by: Правни факултет Универзитета у Нишу
Keywords: globalization; separation of powers; Constitution; constitutional systems; human rights; Ombudsman; public agencies

Summary/Abstract: Globalization as a social phenomenon rose to prominence in the last decades of the 20th century, due to the changing relations between the world superpowers and ending of the cold war, the growing trend of development of information societies, the rapid progress of technologies, and strengthening the neoliberal concept of state. This phenomenon is equally topical as it was at its outset. Globalization has strongly affected the legal regulation of states through an entire system of written and unwritten norms of a supranational character, which are gradually becoming part of the national systems. The first stage in this process was embodied in the activities of the United Nations and the development and expansion of the European Union law in the legal systems of individual countries first by introducing human rights provisions of a uniform nature. It was followed-up by superimposing a wide range of international documents in various fields in order to establish quality standards, define and prohibit the usage of individual institutes, all of which imply an obligation to harmonize the national regulations with the accepted international rules. The concept of the world as a “global village” inevitably marked the change of the constitutional order of states wishing to be part of this concept; to facilitate the achievement of this goal, they had to introduce state bodies and nonstate public entities. The process of globalization exerted a visible impact on the 2006 Constitution of the Republic of Serbia through a number of provisions pertaining to: human rights; the introduction of the hierarchy of legal norms, generally accepted rules of international law and ratified international agreements; the introduction of institutions for the protection of human rights, such as the Ombudsman; a system of state authorities that need to ensure the independence of the judiciary (High Council of the Judiciary, State Prosecutor’s Office); and providing conditions for establishing a number of state and non-state public entities that have quasi-legislative and quasi-judicial powers, such as a public agencies. All this raises the question of their positioning in the constitutional system of the Republic of Serbia, perceived from the point of view of the separation of powers. Can these bodies, introduced in the national constitutional law system, be defined as part of one of the branches of government, or shall they be classified them as a separate fourth branch of Government? Is it still possible to understand the concept of separation of powers in modern constitutional systems in the spirit of Montesquieu and Rousseau? In the context of globalization, it is interesting to examine the relationship of the existing branches of government, their balance and mutual control. Weakening of parliamentary and democratic bodies is clear and evident along with a tendency of strengthening the executive branch. All this creates instability and dysfunctionality of national legal systems with visible influence of politics and informal centres of power. The idea of globalization as initially positive development, focused on the global standards and the quality of life of each individual, has opened a number of questions that will be addressed in this paper.

  • Issue Year: LVI/2017
  • Issue No: 76
  • Page Range: 101-123
  • Page Count: 23
  • Language: Serbian