Modern constitutionalism and the ‘new’ division of power
In modern constitutional legal theory several ‘versions’ of the relation between democracy and constitutionalism exist. This debate continues and requires analysis. It is precisely within this debate, which is also closely related to the activist role of judicial authorities and judges, that the pro...
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| Format: | Article |
| Language: | English |
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Pravni fakultet Sveučilišta u Splitu
2009-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Splitu |
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| Online Access: | http://hrcak.srce.hr/file/70675 |
| _version_ | 1797642444326567936 |
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| author | Petar Bačić |
| author_facet | Petar Bačić |
| author_sort | Petar Bačić |
| collection | DOAJ |
| description | In modern constitutional legal theory several ‘versions’ of the relation between democracy and constitutionalism exist. This debate continues and requires analysis. It is precisely within this debate, which is also closely related to the activist role of judicial authorities and judges, that the problem of limiting majority rule is again mentioned and, in particular, in the analysis of the so called ‘ anti-majority difficulty’. Thus, the problem areas of relations between political branches of power and judges are again emphasised. However, this time it is done more intensively than during the period of unquestionable dominance of parliament as the representative of national sovereignty and the bearer of legislative power. Furthermore, the author presents the viewpoints which claim that judicially affirmed rights are the real strength of social change which has until now represented its own type of monopoly of political power. ‘Elevating high courts and supranational tribunals in crucially politically deciding bodies’ which activistically use the institution of judicial supervision more and more often occurs. In particular, the contradictory relation between democracy and constitutionalism, that is, the need for a new approach to mutual relations among institutions of certain branches of state powers is presented. |
| first_indexed | 2024-03-11T14:01:22Z |
| format | Article |
| id | doaj.art-87ccdba30d6b447b93e41cb7ca2217f9 |
| institution | Directory Open Access Journal |
| issn | 0584-9063 1847-0459 |
| language | English |
| last_indexed | 2024-03-11T14:01:22Z |
| publishDate | 2009-01-01 |
| publisher | Pravni fakultet Sveučilišta u Splitu |
| record_format | Article |
| series | Zbornik Radova Pravnog Fakulteta u Splitu |
| spelling | doaj.art-87ccdba30d6b447b93e41cb7ca2217f92023-11-02T04:39:09ZengPravni fakultet Sveučilišta u SplituZbornik Radova Pravnog Fakulteta u Splitu0584-90631847-04592009-01-01464747779Modern constitutionalism and the ‘new’ division of powerPetar BačićIn modern constitutional legal theory several ‘versions’ of the relation between democracy and constitutionalism exist. This debate continues and requires analysis. It is precisely within this debate, which is also closely related to the activist role of judicial authorities and judges, that the problem of limiting majority rule is again mentioned and, in particular, in the analysis of the so called ‘ anti-majority difficulty’. Thus, the problem areas of relations between political branches of power and judges are again emphasised. However, this time it is done more intensively than during the period of unquestionable dominance of parliament as the representative of national sovereignty and the bearer of legislative power. Furthermore, the author presents the viewpoints which claim that judicially affirmed rights are the real strength of social change which has until now represented its own type of monopoly of political power. ‘Elevating high courts and supranational tribunals in crucially politically deciding bodies’ which activistically use the institution of judicial supervision more and more often occurs. In particular, the contradictory relation between democracy and constitutionalism, that is, the need for a new approach to mutual relations among institutions of certain branches of state powers is presented.http://hrcak.srce.hr/file/70675modern constitutionalismnew division of poweranti-majority difficultyjudicial activism |
| spellingShingle | Petar Bačić Modern constitutionalism and the ‘new’ division of power Zbornik Radova Pravnog Fakulteta u Splitu modern constitutionalism new division of power anti-majority difficulty judicial activism |
| title | Modern constitutionalism and the ‘new’ division of power |
| title_full | Modern constitutionalism and the ‘new’ division of power |
| title_fullStr | Modern constitutionalism and the ‘new’ division of power |
| title_full_unstemmed | Modern constitutionalism and the ‘new’ division of power |
| title_short | Modern constitutionalism and the ‘new’ division of power |
| title_sort | modern constitutionalism and the new division of power |
| topic | modern constitutionalism new division of power anti-majority difficulty judicial activism |
| url | http://hrcak.srce.hr/file/70675 |
| work_keys_str_mv | AT petarbacic modernconstitutionalismandthenewdivisionofpower |