Original scientific paper
https://doi.org/10.20901/pp.11.2.01
Constitutional protection of national minorities: countermajoritarian argument as protector of democratic values
Valentino Kuzelj
orcid.org/0000-0003-3028-8562
; University of Zagreb Faculty of Law
Domeniko Kvartuč
orcid.org/0000-0001-5666-3274
; Faculty of Humanities and Social Science, University of Zagreb
Antonija Petričušić
orcid.org/0000-0002-9826-1174
; Faculty of Law, University of Zagreb
Abstract
The formal legal frame for the protection of national minorities in Croatia is highly developed considering the regulations of the Constitution of the Republic of Croatia and the Constitutional law on the rights of national minorities (as an organic law), concluded and ratified international treaties, and other laws and by laws. Additionally, the readiness to protect the rights of national minorities is evident from the jurisprudence of the Constitutional Court, which is accentuated by the conformation of the paragraph 2 of the constitutional Preamble, articles 1 and 3 (from which the acceptance of the so-called political conception of the people arises), and article 15, paragraph 4 (individual right of members of national minorities to use their language and script) as a part of the Croatian constitutional identity. Therefore, the reasons for the problems in exercising the rights of national minorities need to be sought in the insufficient level of political culture.
Keywords
national minorities; the People; constitutional identity; referenda, democracy
Hrčak ID:
273662
URI
Publication date:
9.3.2022.
Visits: 970 *