Izvorni znanstveni članak
https://doi.org/10.25234/pv/30419
POSSIBILITIES OF DESCRIPTIVE AND NORMATIVE USE OF THE CONSTITUTION IN THE MATERIAL SENSE
Luka Brajković
; Pravni fakultet, Sveučilište u Rijeci, Hahlić 6, 51000 Rijeka, Hrvatska
Sažetak
The theory of the constitution in the material sense has occupied the attention of theorists of many disciplines for almost two hundred years. Because of its polemical nature and the difficulty of determining what a material constitution in general is, this theory was also considered somewhat controversial, even undesirable for constitutional theory. This essay, following the trend of the European constitutional theory over the past 10 years, which has again become more active in studying this “dangerous” topic, seeks to explore whether the concept of material constitution has any epistemological value for theoretical and practical considerations of constitutional law. Guided by the theoretical principles of Marco Goldoni, as one of the main leaders of the new wave of interest in the material constitution, this essay applies the "material study of constitutionalism" to the Republic of Croatia. In an effort to be a corrective to formal constitutionalism, the inclusion of the material level in constitutional considerations seeks to contribute to further deepening and better explaining of the constitutional reality. The first part, as a theoretical framework, is focused on the material constitution as understood by Marco Goldoni. The second chapter deals with the material inquiry of selected cases from the Republic of Croatia. There are strong indications that the Constitutional Court of the Republic of Croatia in its decisions normatively used some aspects of the material constitution. In the conclusion, the possibilities and limits of both normative and descriptive use of the constitution in the material sense will be considered.
Ključne riječi
constitution in the material sense; Marco Goldoni; material study of constitutionalism; constitutional change; Constitution of the Republic of Croatia
Hrčak ID:
325295
URI
Datum izdavanja:
31.12.2024.
Posjeta: 51 *