Original scientific paper
PROSPECTS OF CONSTRUCTING A DEMOCRATIC CONSTITUTIONAL STATE IN SERBIA
Aleksandar Molnar
orcid.org/0000-0001-9963-5070
; Faculty of Philosophy, University of Belgrade, Belgrade, Srbia
Abstract
This paper provides a critical evaluation of the Constitution of the Republic
of Serbia of November 8, 2006, and finds it an insufficient foundation of a
democratic constitutional state. Based on Carl Schmitt’s theory, the Serbian
regime is defined as most similar to a total pluralist party-state (totaler pluralistischer
Parteistaat). Still, there are large cracks in the regime resulting from
the dialectics of opposed tendencies towards a pro-Kosovo commissarial dictatorship
(aiming at the introduction of a state of emergency in order to defend
Kosovo and Metohia) and a pro-European sovereign dictatorship (aiming at
“European integrations”, but not at the construction of a democratic constitutional
state). In the final section, the paper points out the problems facing the
Serbian political actors in the coming period should they strive towards constitutional
consolidation of Serbia and towards making European integrations
part of the task of constructing a democratic constitutional state.
Keywords
democracy; constitution; state; dictatorship; European integrations; Carl Schmitt
Hrčak ID:
81910
URI
Publication date:
14.5.2012.
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