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CROATIAN JUDICIARY IN THE NINETIES: FROM INDEPENDENCE TO INSTITUTIONAL CRISIS
Alan Uzelac
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The author looks into the role and the position of judges in Croatia following the democratic changes of 1990 and Croatia’s recognition as an independent state of 1991. Three events affected the status and the role of judges: (1) political independence (the formation of a nation-state), (2) state of emergency (war and semiwar), and (3) the changes in the political and the legal system. The author claims that the standard legal/positivist methods, justified in well-ordered and stable societies, are not entirely suitable for transitional societies. Besides the normative models he also provides a brief review of the practice, which deviates from the ideal. The author refers to the major events within the two periods: the wartime years (1991-1995) and the peacetime years (1996-1999). The author talks about the current social and institutional position of the courts and the judges, and points to certain potential sources of troubles for the future reformers.
Ključne riječi
Hrčak ID:
24913
URI
Datum izdavanja:
4.6.2001.
Posjeta: 3.408 *