Naslov
Constitutional courts as positive legislators : National report - Croatia

Autori
Barić, Sanja ; Bačić, Petar

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Constitutional Courts as Positive Legislators : A Comparative Law Study

Urednik/ci
Brewer-Carias, Allan R.

Izdavač
Cambridge University Press

Grad
New York (NY)

Godina
2011

Raspon stranica
407-444

ISBN
978-1-107-01165-6

Ključne riječi
constitutional court, Croatia, activism

Sažetak
The legal and constitutional development of the Republic of Croatia and a gradual stabilization of state institutions from 1990 till present day are, in a special way, reflected in the theory and practice of constitutional adjudication. The development of constitutional jurisprudence in Croatia can be compared to the state of affairs in other, so-called, new democracies. The tendency of constitutional courts to build up their reputation and position within political systems is common characteristic of new democracies. This kind of “moderate judicial activism” is justified by and associated with two influential sets of factors. The first set includes a number of different “domestic” circumstances, within and without the Constitutional Court itself: wartime circumstances, during which national political leaders expected no contestation of the “unity of state power” principle from other institutions ; initial unquestionable authority of the head of state and the uncritical position taken by the judges ; gradual adjustment of judges to new values such as the rule of law, separation of powers, and “anti-majority” power of constitutional review ; a search for a more adequate normative tool that would help elaborate constitutional independence and coordination ; constitutional judges having distorted views of “constitutional patriotism”, etc. The second set of factors is associated with the type and nature of constitutional review in Croatia. These factors are at the same time arguments that dismiss anti-majority objections to the existing type of constitutional review. The contribution assessment of the Croatian Constitutional Court, which is the representative of the European type of concentrated constitutionality control, is primarily influenced by structural provisions and rules of procedure.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA