European model of constitutional justice: Its existence and perspective

• Main Authors: Vučić Olivera, Stojanović Dragan M.
• Format: Article
• Language: English
• Published: Faculty of Law, Niš 2015-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Nišu
• Subjects: Constitutional justice; constitutional court; constitutional review; normative control
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2015/0350-85011569013V.pdf

In a number of states, including the Republic of Serbia, constitutional justice has been assuming the role of the supervisor of the legislative, the executive and the regular judicial power. Although it means that constitutional courts in Europe have increasingly become 'the people's courts', they still preserve the character of independent institutions which, while resolving extremely complex objective constitutional conflicts, still occupy, 'a position at the intersection of law and politics'. On the other hand, an extraordinary activism of constitutional justice in review of rights has resulted in an increased number of proponents in the doctrine of constitutional jurisprudence advocating the standpoint that constitutional justice is a specific power of constitutional control; given its nature, it has come to be the 'forth' branch of state authority.