On Obstacles to the Rule of Law Among Serbs Cover Image

О препрекама владавини права у Срба
On Obstacles to the Rule of Law Among Serbs

Author(s): Jasminka Hasanbegović
Subject(s): Constitutional Law, Governance, Politics and law, Social development, Sociology of Politics, Sociology of Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Rule of Law; Rechtsstaat; Serbs; Serbia; Obstacles to the Rule of Law;

Summary/Abstract: The review of the provided topic implies the necessity to firstly succinctly determine the theoretical framework for the reflection on the rule of law and Rechtsstaat. Subsequently, we shall consider the obstacles to the establishment of the rule of law, yet not regional ones, as it could be expected in line with the main topic of this scientific conference, but only those characteristic of Serbs, meaning primarily the obstacles to constituting the Serbianstate in the manner of the rule of law. These can be marked and grouped as social and psychosocial, historical and current, internal and international, collective and individual obstacles to the process of constituting Serbia as a modern state ruled by law. But, in a way to synthesis, from a methodological and typological point of view, they can be divided into socio-historical (either internal or international) on one side, and psychosocial (either collective or individual) ones on the other. Thus, the central part of this paper is dedicated to the presentation of the most important obstacles which, in author’s opinion, are standing in the way of still unaccomplished constitutionalisation of Serbia as a modern state ruled by law, i.e. modern democratic rule of law.

  • Issue Year: 5/2014
  • Issue No: 1
  • Page Range: 8-31
  • Page Count: 24
  • Language: Serbian