Constitutional Court as Constitutional Complaint Institution: Evidence from Serbia

IF 0.4 Q3 LAW

Law and Development Review Pub Date : 2020-06-04 DOI:10.1515/ldr-2020-0013

Konstantin A. Polovchenko

{"title":"Constitutional Court as Constitutional Complaint Institution: Evidence from Serbia","authors":"Konstantin A. Polovchenko","doi":"10.1515/ldr-2020-0013","DOIUrl":null,"url":null,"abstract":"Abstract A noticeable increase in the scope of powers of the constitutional supervisory body of Serbia is directly related with a qualitative change in the status of the Constitutional Court. The purpose of the article is to analyse the competences of the Constitutional Court of the Republic of Serbia in protecting rights and freedoms as the most important area of its activity. The article presents a study of the increased powers of the Constitutional Court of the Republic of Serbia, the purpose of which is to protect rights and freedoms. The leading method in this study is the system analysis method, which allows us to assess the significance of the constitutional complaints institution in Serbia. Studying the current regulation of the competence of the Constitutional Court of Serbia, the author concludes that the significantly expanded competence of the Constitutional Court of Serbia fully reflects its status as a constitutional body representing the fourth judicial control authority in the state. It also ensures the supremacy of the Constitution and protects the foundations of the constitutional system of Serbia, including protection of rights and freedoms in the Republic of Serbia.","PeriodicalId":43146,"journal":{"name":"Law and Development Review","volume":"24 1","pages":"33 - 57"},"PeriodicalIF":0.4000,"publicationDate":"2020-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Development Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/ldr-2020-0013","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}

引用次数: 2

Abstract

Abstract A noticeable increase in the scope of powers of the constitutional supervisory body of Serbia is directly related with a qualitative change in the status of the Constitutional Court. The purpose of the article is to analyse the competences of the Constitutional Court of the Republic of Serbia in protecting rights and freedoms as the most important area of its activity. The article presents a study of the increased powers of the Constitutional Court of the Republic of Serbia, the purpose of which is to protect rights and freedoms. The leading method in this study is the system analysis method, which allows us to assess the significance of the constitutional complaints institution in Serbia. Studying the current regulation of the competence of the Constitutional Court of Serbia, the author concludes that the significantly expanded competence of the Constitutional Court of Serbia fully reflects its status as a constitutional body representing the fourth judicial control authority in the state. It also ensures the supremacy of the Constitution and protects the foundations of the constitutional system of Serbia, including protection of rights and freedoms in the Republic of Serbia.

查看原文本刊更多论文

宪法法院作为宪法申诉机构:来自塞尔维亚的证据

塞尔维亚宪法监督机构权力范围的显著增加与宪法法院地位的质变直接相关。该条的目的是分析塞尔维亚共和国宪法法院作为其最重要活动领域保护权利和自由的权限。这篇文章对塞尔维亚共和国宪法法院权力的增加进行了研究，其目的是保护权利和自由。本研究的主要方法是系统分析法，它使我们能够评估塞尔维亚宪法申诉制度的意义。通过对塞尔维亚宪法法院权限的现行规定进行研究，作者得出结论，塞尔维亚宪法法院权限的显著扩大充分反映了其作为代表该国第四个司法控制当局的宪法机构的地位。它还确保《宪法》的至高无上地位，保护塞尔维亚宪法制度的基础，包括保护塞尔维亚共和国的权利和自由。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

求助全文

约1分钟内获得全文求助全文

来源期刊

Law and Development Review LAW-

CiteScore

0.90

自引率

0.00%

发文量

期刊介绍： Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.