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

https://hrcak.srce.hr/273662

Publication date:

9.3.2022.

Article data in other languages: croatian

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