CONSTITUTIONAL REVISION: PROCEDURE IN THE CONTEXT OF CONSTITUENT POWER Cover Image

УСТАВНА РЕВИЗИЈА: ПРОЦЕДУРА У КОНТЕКСТУ УСТАВОТВОРНЕ ВЛАСТИ
CONSTITUTIONAL REVISION: PROCEDURE IN THE CONTEXT OF CONSTITUENT POWER

Author(s): Irena Pejić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Constitutional revision; Constituent power; Referendum; Constitution of Republic of Serbia

Summary/Abstract: Each Constitutional framer pays special attention to the procedure of constitutional amendment and reserves special section for it in the Constitution. The forms of constitutional revision have been developed throughout history as of a Constituent assembly, via a constituent referendum to legislative (representative) bodies, which decide on the change of the highest normative act in a special constitutional procedure. The procedure is very important as a look out of securing contextual legitimization for adopting the highest normative act of the national legal system and thus justifying the values of the constituent power. Therefore the implementation of a certain model of constitutional revision must be perceived through the lens of authority’s legitimacy and the legitimacy of the procedure. The revision of the Serbian Constitution in the procedure of the mandatory national referendum is worthy of special attention, because the constitutional referendum has been arranged as a people’s vote whose result is legally binding regardless of the number of voters - participants in the referendum. This implies certain consequences and opens the questions: who is the holder of the constituent power and how is the will of the constitutional authority being exercised? At the first glance in this formal question lies an equation for understanding the connection between the constituent power and the principle of national sovereignty, in other words the connection between the will of the constituent power and the will of the people.

  • Issue Year: LVII/2018
  • Issue No: 80
  • Page Range: 65-83
  • Page Count: 19
  • Language: Serbian