O nekim ustavnopravnim pitanjima primjene federalizma u Jugoslaviji
Some Constitutional-Legal Issues of Federalism in Yugoslavia

Summary/Abstract: Discussions on federalism are marked by a certain theoretical unclarity in the treatment of the problem of sovereignty and of the type of Yugoslav federation, from the constitutional-legal standpoint, the concept of sovereignty consists of three levels and three different substances: one is state sovereignty, the second is the people’s sovereignty, and the third is national sovereignty. People’s and national sovereignty are the most frequently confused in our discussions, and this is also partly reflected in Mirić's book. A very specific confusion arises w hen the question of the subject of sovereignty in a federal com m unity is approached from the aspect of state sovereignty, even though it has been already shown by the bourgeois constitutional-legal doctrine that the attempt to explain the substance of the constitutional model of the federation with the aid of the concept of state sovereignty does not lead anywhere. In the constitution Yugoslavia is defined as a federation, and the assessment whether a state community is a federation or a confederation can be made only from a constitutional-legal standpoint, not from the aspect of political science. An analysis in terms of political science can provide a diagnosis of the actual state of affairs, i.e. the existence of a disbalance between the elements of the common and of the specific to the disadvantage of the common, but this does not mean that a disbalance of this kind maybe simply termed a confederation.

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