Predlog za promene Ustava Srbije – tehnika ustavne revizije
The Proposal to Amend the Serbian Constitution (2006) – the Constitutional Revision Technique

Summary/Abstract: Since the adoption of the Serbian Constitution in 2006, the procedure of constitutional change has not been the subject of special attention in the public. At the moment when the first formal approach to the constitutional change is being made, we are faced with misinterpretation of the constitutional revision technique. Such social-legal situation imposes the following question: which revision technique is available for the Serbian national law, or in what form should an act, amending or supplementing the Constitution, be passed by the Republic of Serbia? “Amendment technique” of constitutional revision has been applied in the United States and it generates a "cult" of the Constitution by adding amendments to the unique constitutional text while doing nothing to penetrate its original content. The function of the “amendment” is to further develop the Constitution. On the other side, an act amending the Constitution is going directly through the constitutional norm, amending and supplementing its content. The original creation of constituent power is changing while the authority of revision is losing its “revolutionary” power as its original property. To conclude, the draft of Serbian “constitutional amendment” is known to the public and we are forced to clarify the constitutional revision act. I believe that Serbian constitutional authority should adopt a constitutional law to amend the Constitution as a form of amending and supplementing constitutional norms. Constitutional amendment, as a technique of constitutional change, can be applied only if we start the formal procedure of amending the Constitutional revision form.

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