Procedure as a legitimizing tool for constitutional change in Serbia Cover Image

Procedura kao legitimacijsko sredstvo novih ustavnih rešenja u Srbiji
Procedure as a legitimizing tool for constitutional change in Serbia

Author(s): Miloš V. Janković
Subject(s): Constitutional Law
Published by: Fakultet političkih nauka Univerziteta u Beogradu
Keywords: separation of powers; independence of the judiciary; constitutional amendment; legitimization; procedure

Summary/Abstract: This work will provide an analysis of the final version of the Draft Amendments to the constitutional provisions on the judiciary. The focus will be on the means of electing the members of the High Judicial Council and the conditions for the dissolution of this body. Besides this, the process of creating the final version of the Draft will be considered. The work shows that the proposed solutions are normatively unjustified, keeping in mind that Serbia is currently under an authoritarian regime. Furthermore, the work shows that the procedure of strict invocation of Venice Commission opinions was used as a key legitimizing tool for justifying normatively questionable constitutional solutions.

  • Issue Year: 2020
  • Issue No: 19
  • Page Range: 29-45
  • Page Count: 17
  • Language: Serbian