REFORM OF THE JUDICIAL SYSTEM IN THE FRY
REFORM OF THE JUDICIAL SYSTEM IN THE FRY

Author(s): Radmila Vasić
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Governance
Published by: CEDET Centar za demokratsku tranziciju
Keywords: constitutional democracy; judicial reform; separation of powers; independence and impartiality of the judiciary; protection of freedoms and rights; institutional guarantees
Summary/Abstract: Over the past two centuries, in the countries of real socialism, which comprised at least one half of mankind, institutional mechanisms as well as non-institutional instruments for popular control and for limiting political po­ wer, were nonexistent, since authority was defined and promoted as the will of the people, capable of generating its own legitimacy. People's democracy rep­ resented a rhetorical form, a self-explanatory and self-legitimizing, distinguis­ hed catchword that was a substitute for any recognizable concept of a well-or­ ganized society, which, translated into the concept of civic and liberal values, equated with the concept of institutionalized constitutional democracy or the rule of law (Rechtsstaat). The simulated democracy and the outmoded concept of people’s power were doomed to become a closed historical chapter.

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