Original scientific paper
Enforcement of “difficult” judicial decisions in the process of governance or judicial production and reproduction of political conflicts
Arsen Bačić
; Pravni fakultet Sveučilišta u Splitu
Petar Bačić
; Pravni fakultet Sveučilišta u Splitu
Abstract
The authors’ intention is to link the general problem of enforcement, or creating legal regulations with the issue of good governance, and, in particular, with relation to the question of enforcement of judicial decisions. It is more than obvious that the negative effects surface in various forms of defective public governance amongst which particularly emphasised are the constitutional conflicts, the intensity and duration of which can to a significant extent characterise and burden the state and society. Examples of enforcement of difficult judicial decisions with all the consequences that accompany that process represent a particularly marked and educational part of comparative constitutional law of contemporary states and societies. The authors believe that acknowledging and respecting judicial (or quasi- adjudication) arguments to be of crucial significance for the integrity of the legal system, whether it concerns the national or international system. It is reminiscent of the European Court’s of Human Rights (ECtHR) statement that the enforcement of judicial decisions is the most reliable test (acid test) of every adjudication system. In other words, it is precisely the enforcement that is essential to “strengthening interpretative authority...authority of the system and its credibility. Measures of enforcement significantly differentiate among national, regional and international legal systems and their courts etc.
Keywords
Court; judicial decisions; enforcement; good governance; rule of law
Hrčak ID:
138129
URI
Publication date:
21.4.2015.
Visits: 1.850 *