USTAVNA DEMOKRATIJA ZA JUGOSLAVIJU: IZMEĐU REFORME I REVOLUCIJE
CONSTITUTIONAL DEMOCRACY FOR YUGOSLAVIA: BETWEEN REFORM AND REVOLUTION

Author(s): Nenad Dimitrijević
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Government/Political systems, Electoral systems, Politics and society
Published by: CEDET Centar za demokratsku tranziciju
Keywords: constitutionalism; theory of circumstances; rule by law; privatized state; constitutional continuity; the procedure of adoption of the constitution; constitutional content
Summary/Abstract: This paper analyzes the possibilities for the establishment of constitutional democracy in Serbia and Yugoslavia. The starting point of consideration is today's contextual specifics of Serbia and Yugoslavia (legacy of socialism and nationalism, contested statehood). The general argument is that these contextual specificities should be understood not only as the most serious obstacles to constitutionalism, but also as the most important reasons for its affirmation. After considering the 'constitutional question' in socialism and in the Milosevic regime, the current constitutional and political situation is analyzed, with the main attention being devoted to the problem of statehood and the aporias of the strategy of constitutional continuity. In the final sections of the work, a set of recommendations is offered on the ways of establishing democratic constitutionalism: special attention is paid to the issues of the procedure of adopting the constitution and the constitutional content.

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