Proceduralni aspekti ustavne revizije u oblasti pravosuđa i ograničenje nadležnosti Narodne Skupštine

Abstract

The subject of this paper is an analysis of the procedure of the amendments to the "Mitrovdan" Constitution from the perspective of adherence to the procedure and protection of the constitutional continuity. Considering the multivalent effect of the constitutional revision on the strenghtening of the constitutional order, constitutional culture, and rule of law in an unique legal-political moment immediately following the proclamation of the Act on Amendments to the Constitution, but prior to the enactment of the set of judicial laws, the study aims to analyse whether the procedure of the constitutional amendment contributed to the furtherance of the constitutional democracy. The scope of the study is limited to a procedure, the sequence of formal acts following a prescribed procedure for the constitutional amendment, while the subject of the amendments is reflected upon only as it is necessary for understanding both the essence and context of the matter. It is indisputable that by adopting 29 amendments to the "Mitrovdan" Constitution and guaranteeing the independence of the judiciary and prosecution there was made an important step in the process of overcoming tensions between both the form and substance of the constitutional political culture. But, at the same time, there were some additional restraints of the authorities of the National Assembly. The process of improving the constitutional democracy, preserving the constitutional continuity, and building the constitutional culture of Serbia is analysed from a historical perspective, with a special reference to the procedure for adopting the 2006 Constitution. The methodological, historical-comparative approach is completed by analyzing the comments and interpretations of certain constitutional acts, laws, and bylaws. The additional value of the analysis stems from the methodological facts being interpreted from the perspective of a fifteen-year experience as a Member of Parliament, and a direct participant in the constitutional review process as a member of the Committee on Constitutional Affairs and Legislation of the National Assembly.