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CONSTITUTIONAL (DIS)HARMONY OF GUARANTEES OFTHE RIGHT OF OWNERSHIP
Jadranko Crnić
; Ustavni sud Republike Hrvatske
Sažetak
Inviolability o f the right on ownership belongs among the supreme values of the constitutional order of the Republic of Croatia, as expressly stipulated by the Article 3 of the Constitution. For its constitutional and the following legislative implementation the road marker makes also the provision of the Article 48 of the Constitution on the constitutional guarantee of the right on ownership, as well as the Law on Ownership and Other Property Rights (Narodne novine no.91/1996).
By pointing at numerous legal documents,for instance the Code of Vinodol of 1288, ad the series of Medieval Statutes, which prove a commitment to the law and the rule o f law, as one o f the fundamental properties of the historical substance of Croatian people, the author presents, on those foundations established survey of the constitutional jurisprudence of the Constitutional Court of the Republic of Croatia,
in relation to decisions of the administrative as well as the judicial and even the legislative power. By this he also defines the constitutional position of the Constitutional Court in the System of separation of powers, as an interim power with a completely defined authority.
Within the apparent (dis)harmony of inviolability of ownership and the constitutionally provided restrictions of the right ownership, the author finds an elimination of constitutional or legislative cacophony, and by this its prevention in practice and a possibility of a constitutional harmony between those two antipodes.
Ključne riječi
guarantee of the right on ownership; restrictions of the right on ownership; administrative restrictions of the right on ownership
Hrčak ID:
197502
URI
Datum izdavanja:
8.12.1999.
Posjeta: 1.965 *