Original scientific paper

Constitutional changes and the dilemmas of constitutionalism

Arsen Bačić

Abstract

The need to develop constitutional mechanisms whose aim is to resolve fundamental relations in society demands the widest possible inclusion of all of society’s active participants in the discussion on the need to adopt or revise the Constitution. The opening of every new round of constitutional changes is of great importance because it always unlocks certain new and important questions. The answers to those questions should be offered by state authority (policy) and civil society including science and its disciplines. In this paper, the author mentions several topics which are of interest in the current discussion on the significance of current constitutional changes for the future of the development of constitutionalism and democracy in the Republic of Croatia. These are above all topics of political and legal constitutionalism and suggestions linked to strengthening the independence of judicial powers. The author advocates consistent application of constitutional control and check mechanisms which exclude all insularity of judicial powers in relation to democratic control.

Keywords

constitutionalism; separation of powers; independent judicial powers; responsibility

Hrčak ID:

45688

URI

https://hrcak.srce.hr/45688

Publication date:

23.12.2009.

Article data in other languages: croatian

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