Review article

https://doi.org/10.3935/zpfz.71.2.04

Constitutionalization of the Croatian Legal Order

Luka Burazin orcid.org/0000-0002-2437-8871 ; Faculty of Law, University of Zagreb, Zagreb, Croatia
Đorđe Gardašević orcid.org/0000-0002-2103-6139 ; Faculty of Law, University of Zagreb, Zagreb, Croatia
Mario Krešić ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

The paper describes the current stage of constitutionalization of the Croatian legal order by applying Guastini's model of constitutionalization, which consists of three necessary conditions and five aspects of constitutionalization. The first part of the paper establishes the fulfilment of the necessary conditions of constitutionalization of the Croatian legal order (long, rigid and judicially guaranteed constitution). The second part determines the indications of existence of aspects of constitutionalization of the Croatian legal order. First is examined the prevalence of the view that constitutional norms are legally binding. Thereafter the presence of the use of suprainterpretation of the constitution in the Croatian Constitutional Court's case-law is determined and the question of Croatian ordinary courts applying constitutional norms directly is addressed. Next, the use of accommodating interpretation in the Croatian Constitutional Court's case-law is addressed. Finally, the influence of the Croatian Constitution on the political relations in Croatia is assessed.

Keywords

constitutionalization; legal order; accommodating interpretation of laws; suprainterpretation of the constitution; direct application of constitutional norms

Hrčak ID:

259356

URI

https://hrcak.srce.hr/259356

Publication date:

21.6.2021.

Article data in other languages: croatian

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