CEU Electronic Theses and Dissertations, 2019
| Author | Miljojkovic, Teodora |
|---|---|
| Title | The Impact of the Constitutional Court on the Democratization Process - Case of Serbia, Croatia and Slovenia |
| Summary | Constitutional courts in Slovenia, Croatia and Serbia can be accessed by many authorized subjects - state bodies, territorial autonomies, but individuals as well. The specific feature of these courts is that individuals can not only submit constitutional complaint against state actions, but also initiate abstract review of constitutionality of legislative acts. This “open access’’ to the Constitutional court was a concept established in order to establish the rule of law in post–communist countries and enhance citizens’ participation in democratic processes. Nevertheless, is it really an efficient mechanism in practice? The jurisprudence of these courts has appeared to be progressive in cases regarding the protection of human rights, but not so much when it comes to solving matters which have strong impact on country’s politics or public policies. In those cases, the courts either avoid deciding the issue by denying jurisdiction or they take up strategic approach in regard to the timing of delivering the decision. In this paper I will try to prove that open access in and of itself doesn’t contribute significantly to the democratization process if the Constitutional court has a strategic or deferential approach. If the Constitutional court refrains from deciding the “high profile cases”, it doesn’t really matter how many initiators can request the review of constitutionality – the constitutional jurisprudence will remain within status quo. |
| Supervisor | Mathias Möschel |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/miljojkovic_teodora.pdf |
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