Original scientific paper

CONSTITUTIONAL JUDICIARY IN POLITICAL PROCESS

Heinrich Scholler ; University of Munich, Munich, Germany

Abstract

The author analyses the role of the constitutional judiciary and the traditional theory of the tripartite division of power. His radical conclusion is: the division of power in Montesquieu’s sense, as a tool of control and balance in modern state, does not exist. There is no social violence to which such balance, control or correction could be applied to. In such circumstances, the role, selection and work of constitutional judges is of utmost significance for the control, correction and balancing of political process.

Keywords

Hrčak ID:

33563

URI

https://hrcak.srce.hr/33563

Publication date:

3.3.1998.

Article data in other languages: croatian

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