Naslov
Croatia : developing judicial culture of fundamental rights

Autori
Rodin, Siniša

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
The universalism of human rights, ius gentium : comparative perspectives on law and justice

Urednik/ci
Arnold, Rainer

Izdavač
Springer

Grad
Dordrecht

Godina
2013

Raspon stranica
391-404

ISBN
978-94-007-4510-0

Ključne riječi
human rights, judicial review, legal culture

Sažetak
The author discusses protection of fundamental rights before the Croatian Constitutional Court. It is argued that in absence of liberal tradition fundamental rights guarantees are not understood as liberal Abwehrreche, defending the core of individual liberty as against State intrusion, but merely as guarantees of positive law prescribed by the State. The paper presents the evolution of the Croatian constitutional jurisdiction in respect of fundamental rights and how it changed due to the demands of the ECHR. It is followed by the discussion of the three issues: indirect discrimination, right to an impartial judge, and principle of proportionality. The author suggests that, while the vocabulary of fundamental rights is becoming increasingly visible in Croatian law, there is still no evidence that fundamental rights are properly embedded into a liberal understanding of a State.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA