Skip to the main content

Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 40 No. 4, 2024.

Original scientific paper

https://doi.org/10.25234/pv/30419

POSSIBILITIES OF DESCRIPTIVE AND NORMATIVE USE OF THE CONSTITUTION IN THE MATERIAL SENSE

Luka Brajković ; Faculty of Law, University of Rijeka, Hahlić 6, 51000 Rijeka, Croatia

Full text: croatian pdf 225 Kb

page 79-104

downloads: 21

cite

Abstract

The theory of the constitution in the material sense has occupied the attention of theorists of many disciplines for almost two hundred years. Because of its polemical nature and the difficulty of determining what a material constitution in general is, this theory was also considered somewhat controversial, even undesirable for constitutional theory. This essay, following the trend of the European constitutional theory over the past 10 years, which has again become more active in studying this “dangerous” topic, seeks to explore whether the concept of material constitution has any epistemological value for theoretical and practical considerations of constitutional law. Guided by the theoretical principles of Marco Goldoni, as one of the main leaders of the new wave of interest in the material constitution, this essay applies the "material study of constitutionalism" to the Republic of Croatia. In an effort to be a corrective to formal constitutionalism, the inclusion of the material level in constitutional considerations seeks to contribute to further deepening and better explaining of the constitutional reality. The first part, as a theoretical framework, is focused on the material constitution as understood by Marco Goldoni. The second chapter deals with the material inquiry of selected cases from the Republic of Croatia. There are strong indications that the Constitutional Court of the Republic of Croatia in its decisions normatively used some aspects of the material constitution. In the conclusion, the possibilities and limits of both normative and descriptive use of the constitution in the material sense will be considered.

Keywords

constitution in the material sense; Marco Goldoni; material study of constitutionalism; constitutional change; Constitution of the Republic of Croatia

Hrčak ID:

325295

URI

https://hrcak.srce.hr/325295

Publication date:

31.12.2024.

Article data in other languages: croatian

Visits: 51 *