Ustavni položaj sudova u okviru organizacije vlasti normativni okvir - problemi normativnog i faktičkog karaktera

Abstract

The basis and framework of the analysis are the constitutional solutions relevant for the status of courts in the constitutional system and international standards that relate to this part of the government and its status in the constitutional system. The subject matter of the analysis are primarily constitutional solutions included in the chapter related to judicial power, but also constitutional provisions included in other chapters of the Constitution, first of all in the chapter on human and minority rights which are closely connected to the protection of human and minority rights, especially with judicial protection of these rights. The author critically analyzed constitutional solutions that relate to the principle of separation of powers, principle of court independence and derogation from this principle that relates to the status of court and status of judges, principle of legality, principle of unity of court system, principle of publicity as well as principle of financial independence.