POWER(LESSNESS) OF THE PARLIAMENT IN THE STATES IN TRANSITION Cover Image

(NE)MOĆ PARLAMENTA U DRŽAVAMA U TRANZICIJI
POWER(LESSNESS) OF THE PARLIAMENT IN THE STATES IN TRANSITION

Author(s): Goran Marković
Subject(s): Governance, Government/Political systems, Developing nations
Published by: Centar za unapređivanje pravnih studija
Keywords: Parliament; Government; President of the republic; Separation of powers; Parliamentary system; Semi-presidential system

Summary/Abstract: The aim of the work is to analyze constitutional and political position of the parliament in the states in transition. The basic hypothesis is that the parliament has become the second-class political institution despite the fact that it is the nominal represent of the sovereign’s will and that it exercises the most important state functions. The work includes the analysis constitutionally regulated relations between political institutions, in order to find confirmation of this hypothesis. The author has in mind the fact that the constitutions prescribe the rights of the government and the head of state in relation to the parliament, which they extensively use, which considerably increase their power. Although the analysis is in the first place constitutional one, it can not be limited to the field of constitutional law but it has to include the political aspect as well. This approach is necessary for more reasons. First, the real relations between political institutions have to be included in the analysis, which are not necessarily based on the constitutional provisions. Secondly, the role of the parliaments depends among other things on the subjects which only conditionally could be called the constitutional ones, such as the case with the political parties. The conclusion is that the power of the parliament is lesser that the one of the government and the president of the republic, for the fact that fragmented parliament usually is not able to secure stable parliamentary majority, and the fact that the party government and the president of the republic extensively use their constitutional authorities.

  • Issue Year: 2019
  • Issue No: 1-2
  • Page Range: 43-63
  • Page Count: 21
  • Language: Serbian