Izvorni znanstveni članak
Parliamentary System and the Stability of the Croatian Constitution: Can new changes in the government structure be expected following the presidential elections?
Branko Smerdel
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
«Draw to one point, and to one center bring Beast, man, or angel, servant, lord, or king. For forms of government let fools contest; Whate'er is best administer'd is best.» One of the characteristics of the constitutional development of the Republic of Croatia is the constant reconsideration of the government structure, which is not limited to academic discussions, but is an issue constantly arising every time possible changes of the political party in power are brought up or even changes in the leadership of the largest parties. We consistently oppose such «tailoring of constitutional solutions to fit the need of individuals» as being contrary to the need for stabilizing the Croatian Constitution. The paper considers the latest proposals for changes in the government structure established following the constitutional amendments introduced at the beginning of this millennium. Based on the arguments of the Working Group of the President of the Republic, and on the latest theoretical concept and results of empirical research in the comparative science of constitutional law, we believe that we should preserve and develop the existing model and use it for applying checks and balances at the highest level of organization of executive power. This model, however much it may have been attacked because of its «hybrid» character in the past nine years, has in practice proved to be a relatively effective means for regulating relations between the topmost executive bodies. This can be illustrated by relations between one president of the Republic and three prime ministers during four governments, which greatly contributed to the consolidation of relationships between the highest government bodies in the Republic of Croatia. Because of this, we strongly oppose the proposals for changing this constitutional system for the sake of «cleaning up the model» of parliamentary government. At the same time, we must emphasize that we consider that the proposals for changing the government structure are a scientific challenge and encourage us to continue discussions on these important issues.
Ključne riječi
Republic of Croatia; constitutional changes; government structure; parliamentary system; president of the Republic
Hrčak ID:
48826
URI
Datum izdavanja:
22.2.2010.
Posjeta: 3.952 *