INSTRUMENTS OF GOVERNMENT CONTROL DURING A STATE OF EMERGENCY; AS ENVISAGED IN THE 2006 CONSTITUTION OF THE REPUBLIC OF SERBIA Cover Image

ИНСТРУМЕНТИ КОНТРОЛЕ ВЛАСТИ ТОКОМ ВАНРЕДНОГ СТАЊА НА ПРИМЕРУ УСТАВА РЕПУБЛИКЕ СРБИЈЕ ИЗ 2006. ГОДИНЕ
INSTRUMENTS OF GOVERNMENT CONTROL DURING A STATE OF EMERGENCY; AS ENVISAGED IN THE 2006 CONSTITUTION OF THE REPUBLIC OF SERBIA

Author(s): Nataša Rajić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law
Published by: Правни факултет Универзитета у Нишу
Keywords: state of emergency; jurisdiction of the authorities; instruments of government control; Constitution of Republic of Serbia from 2006

Summary/Abstract: The paper tries to answer the question whether the state of emergency institution in terms of regulating government competences (legislative and executive) is set to force the authorities to act within the limits of law or constitutional arrangements, due to incompleteness, leave space for moving decision-making process out of law. Norms in question are the ones that establish a relationship of authorities during state of emergency concerning making a decision to declare a state of emergency and in terms of measuring deviations from constitutionally guaranteed human rights. Particular emphasis is on achieving the control function of Parliament in situations in which decisions were made by organs of executive power, so in that regard were analyzed instruments that ensure its smooth operation during emergency situations.

  • Issue Year: LVII/2011
  • Issue No: 57
  • Page Range: 245-255
  • Page Count: 11
  • Language: Serbian