Supremacija ustava. O odnosu napetosti izmedu demokracije i konstitucionalizma
In: Politicka misao, Band 38, Heft 1, S. 26-35
The author analyzes the meaning of the phase "sovereignty of constitutions" & wonders whether "constitutional democracy" should be understood as a combination of a good political order in the Aristotelian meaning of taxis. The author looks into the different traditions in the evolution of constitutionalism using the examples of France, GB, & North America. In the case of North America, he refers to the idea of creating a mixed form of constitution or constitutional democracy, which allows for the democratic legitimation of power as well as for its constitutional restriction. The evolution of constitutionalism shows that constitutions now occupy the position that first belonged only to sovereign monarchs & later to sovereign peoples in democracy. Basically, normative constitutionalism leads to the situation in which constitutional courts give authoritative interpretation of constitutions that transforms a democratic/parliamentary state into a constitutional-court jurisdiction state. The author concludes that the sacralization of constitutions & constitutional courts does not necessarily stimulate the political process, a fact that opens new controversies. Adapted from the source document.