Original scientific paper
Changes to the Constitution of the Republic of Croatia (2010) and Tendencies Towards Compensatory Constitutionalism
Arsen Bačić
orcid.org/0000-0002-3508-6372
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
Comparatively with the appearance of an ever more present progressive internationalisation, which is eroding the national constitutional standards, the search for answers that could help mitigate such erosion is also increasing in intensity. Replacing the existing national constitutional legal standards requires findings in the development of the transnational constitutional standards. They are mainly post-modernistic in nature, because such standards belong exclusively neither to the national nor to the international law, since they transcend both types of law. Their intention is to fill the gap that the national law in the context of internationalisation reveals through insufficient protection, or for which the international law is not able to completely compensate. Inasmuch as they are formulated in an operative way, the transnational constitutional standards can then become ‘clever’ standards, which, for example, allow political institutions and national state courts to provide a high level of protection, without the necessary confrontation between the domestic means against the international action.
Keywords
constitutionalism; constitutional law; the constitutionalisation of the international law
Hrčak ID:
72678
URI
Publication date:
16.9.2011.
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