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Original scientific paper

ON INDEPENDENCE OF CONSTITUTIONAL COURT AND ITS JUDGES

Mato Arlović ; The Constitutional Court of the Republic of Croatia


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Abstract

It is of great importance for the rule of law and legal security that the Constitutional court and its judges have guaranteed independence enhanced by norms of constitutional power. Independence and neutrality of the Constitutional court and its judges is implied first of all in relation not only to other state authorities (legislative, executive and judicial) but to all other external influences and possible pressures deriving from any centre of power, interest groups i.e. individuals. The constitutionally guaranteed independent and neutral position of the Constitutional Court and its judges is essential and important but clearly not sufficient. Favourable political and economic-social conditions are necessary for its realization in real social relations but mostly developed social awareness of the role and significance of the Constitutional Court activities in securing constitutionality and legality, rule of law, legal security as constitutional-legal presumptions to developing democratic environment, society, tolerance, dialogue and equality before the law without any discrimination.

Keywords

Independence; neutrality; institutional and individual independence of judges; rule of law; legal security

Hrčak ID:

117832

URI

https://hrcak.srce.hr/117832

Publication date:

30.12.2013.

Article data in other languages: croatian german

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