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Review article

Legal Nature of Unions in Historical and Contemporary Examples

Miodrag Vuković ; ra (Assistant Professor, Podgorica, Montenegro


Full text: serbian pdf 747 Kb

page 133-162

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Abstract

The paper attempts to explain the objective difference between a state union and a union of states as the respective forms of federative and confederative systems of government. It tries to distinguish between the expressions status of a country and state status and to point out the necessity of distinguishing between constitutional continuity that exists when a country does not change its status and
constitutional discontinuity when the state status of a country is changed. The historical and contemporary examples of unions show that no union could have aspired or can aspire to absorb the basic features of its member state(s). The key issues, dealt with from the aspect of contemporary constitutionalism and theoretical idea of a union, are the issues of constitutional discontinuity that occurs when member state(s) decide to leave the unio n, form independent state(s) and demand international recognition

Keywords

status of a country; state status; constitution; constitutional charter; union; constitutional continuity; constitutional discontinuity; constitutional crisis; new European constitutionalism; Dayton Agreement; Ohrid Agreement; State Union of Serbia and Montenegro

Hrčak ID:

135494

URI

https://hrcak.srce.hr/135494

Publication date:

8.3.2010.

Article data in other languages: serbian

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