Review article
Legal Nature of Unions in Historical and Contemporary Examples
Miodrag Vuković
; ra (Assistant Professor, Podgorica, Montenegro
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
Publication date:
8.3.2010.
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