Original scientific paper
Civil Law in Constitutional Case Law
Aldo Radolović
; Pravni fakulet Sveučilišta u Rijeci, Ustavni sud RH
Abstract
The Constitutional Court of the Republic of Croatia predominantly delivers its ruling in cases with issues arising from the Civil Law zone (around 85% of total cases). The Constitutional Court applies the Constitution (and the European Convention on Human Rights and Fundamental Freedoms in its interpretation), however, when compared with highly comprehensive and detailed Civil Law regulations, this legal acts are relatively not numerous, but rather highly abstract and particularly general legal regulations. Two detected tendencies are equally harmful and irregular: the tendency to restrict activities of the Constitutional Court (as well as of the regular courts) to deal only with application of the law (transforming the courts in some sort of third or fourth degree body of adjudication) and the tendency to transform the courts in ex aequo et bono adjudications explicitly invoking the Constitution. The described negative practices have to be avoided insisting that the object of protection of the Constitutional Court is the Constitution itself. On the other hand, one has to bear in mind that the efficient protection of rights and values cannot be exercised without basic knowledge and basic elaboration of a case from the position of the Civil Law. It is author’s believe that the Constitutional Court expresses more all the time the last mentioned positive tendencies. The tendencies are increasingly distinctive and in their totality, it is predicted that they are going to have a positive effect on development of the constitutional legal system in the Republic of Croatia.
Keywords
Constitution; Constitutional Act on the Constitutional Court of the Republic of Croatia; Civil Law; constitutional appeal; Constitutional Law; Constitutional Procedural Law; relation between the Constitutional Law and Civil Law
Hrčak ID:
87315
URI
Publication date:
16.4.2012.
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