Is Yugoslavia a Confederation? Cover Image

Da li je Jugoslavija konfederacija?
Is Yugoslavia a Confederation?

Author(s): Ivan Kristan
Subject(s): Politics, Constitutional Law, Political Theory, Political Sciences
Published by: Fakultet političkih znanosti u Zagrebu
Keywords: Yugoslavia; Confederation;

Summary/Abstract: Some sections of the analysis presented in The System and the Crisis are, the author argues, presented in too casual a manner, even tendentiously, lacking concision and precision. This concerns above all the analysis of the prevailing constitutional model of the Yugoslav federation, which is denounced as being in fact a confederation. The author first refutes Mirić's assertion that no federation in the world has ever proclaimed the sovereignty of its constituent units, citing the examples of Switzerland and the Soviet Union. He also denies Mirić’s claim that the 1974 Constitution defines the federal units as sovereign states, and points out that both the contemporary theory of the state and law and the contemporary Yugoslav constitutional concept no longer treat sovereignty as a criterion of statehood, especially as a criterion of distinction between the federal units and the federal state. The author also makes critical remarks on Mirić's treatment of "accord", and of the Yugoslav federation as the "historic accord" of the peoples constituting it, and on the principle of parity as an essential element of Yugoslav federalism .

  • Issue Year: XXI/1984
  • Issue No: 04
  • Page Range: 78-81
  • Page Count: 4
  • Language: Croatian