Serbian Constitutional Court – (In)dependent Protector of the Rule of Law and Human Rights?
Apstrakt
This paper is provoked by Rosalind Dixon's book on Responsible Judicial Review and the arguments expressed by the author. The paper deals with the independence of the Constitutional Court in Serbia, as the most important requirement for a responsive judicial review. The main premise is that because of the appointment of judges, almost unknown in professional circles, and their servile relationship with other branches of government, the Constitutional Court acts as a guardian of controversial executive policies. The author briefly describes the origins of the Serbian Constitutional Court and the level of its independence. Some relevant cases are presented that demonstrate the existence of several strategies applied by judges which support the thesis that judges allow political and other factors to influence their decisions. The author also presents human rights cases that illustrate a very formalistic approach of the Court that influences its own legitimacy and lack of support.
Izvor:
Review of Central and East European Law, 2023, 48, 3-4, 490-518Kolekcije
Institucija/grupa
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Krstić, Ivana PY - 2023 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1400 AB - This paper is provoked by Rosalind Dixon's book on Responsible Judicial Review and the arguments expressed by the author. The paper deals with the independence of the Constitutional Court in Serbia, as the most important requirement for a responsive judicial review. The main premise is that because of the appointment of judges, almost unknown in professional circles, and their servile relationship with other branches of government, the Constitutional Court acts as a guardian of controversial executive policies. The author briefly describes the origins of the Serbian Constitutional Court and the level of its independence. Some relevant cases are presented that demonstrate the existence of several strategies applied by judges which support the thesis that judges allow political and other factors to influence their decisions. The author also presents human rights cases that illustrate a very formalistic approach of the Court that influences its own legitimacy and lack of support. T2 - Review of Central and East European Law T1 - Serbian Constitutional Court – (In)dependent Protector of the Rule of Law and Human Rights? EP - 518 IS - 3-4 SP - 490 VL - 48 DO - 10.1163/15730352-bJa10090 UR - conv_3311 ER -
@article{ author = "Krstić, Ivana", year = "2023", abstract = "This paper is provoked by Rosalind Dixon's book on Responsible Judicial Review and the arguments expressed by the author. The paper deals with the independence of the Constitutional Court in Serbia, as the most important requirement for a responsive judicial review. The main premise is that because of the appointment of judges, almost unknown in professional circles, and their servile relationship with other branches of government, the Constitutional Court acts as a guardian of controversial executive policies. The author briefly describes the origins of the Serbian Constitutional Court and the level of its independence. Some relevant cases are presented that demonstrate the existence of several strategies applied by judges which support the thesis that judges allow political and other factors to influence their decisions. The author also presents human rights cases that illustrate a very formalistic approach of the Court that influences its own legitimacy and lack of support.", journal = "Review of Central and East European Law", title = "Serbian Constitutional Court – (In)dependent Protector of the Rule of Law and Human Rights?", pages = "518-490", number = "3-4", volume = "48", doi = "10.1163/15730352-bJa10090", url = "conv_3311" }
Krstić, I.. (2023). Serbian Constitutional Court – (In)dependent Protector of the Rule of Law and Human Rights?. in Review of Central and East European Law, 48(3-4), 490-518. https://doi.org/10.1163/15730352-bJa10090 conv_3311
Krstić I. Serbian Constitutional Court – (In)dependent Protector of the Rule of Law and Human Rights?. in Review of Central and East European Law. 2023;48(3-4):490-518. doi:10.1163/15730352-bJa10090 conv_3311 .
Krstić, Ivana, "Serbian Constitutional Court – (In)dependent Protector of the Rule of Law and Human Rights?" in Review of Central and East European Law, 48, no. 3-4 (2023):490-518, https://doi.org/10.1163/15730352-bJa10090 ., conv_3311 .