President of the Republic. Croatian constitution’s mimicry of the French constitutional model

Revus 28:79-96 (2016)
  Copy   BIBTEX

Abstract

The starting point for studying the Croatian constitutional democracy is the adoption of the Constitution of the Republic of Croatia on 22 December 1990. The said Constitution defines the system of government as semi-presidential and its authors state as their model the Constitution of the Fifth Republic. However, the importing, in 1990, of French constitutional provisions was not neutral since the original French constitutional text was stripped of institutional obstacles, constitutional institutions for opposing the will of the President of the Republic, constitutional-law conditions for the Prime Minister's primacy in the political system in case of co-habitation and discrepancies between the parliamentary and the presidential majority. The text was complemented by constitutional norms unknown to the original. French constitutional norms had to be put to good use, interpreted in line with and legally adapted to the desired political goal, i.e., the establishment of an effective state government in which the primacy of the President of the Republic would assert itself over both the Government and the legislature. The myth on the semi-presidential system was drawn on for both the adoption of the provisions regulating the organisation of government in the 1990 Constitution of the Republic of Croatia and their amendment in 2000.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,423

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Essays on government.Ernest Barker - 1945 - Oxford,: Clarendon Press.
Constitutional thought in the late Roman republic.Benjamin Straumann - 2011 - History of Political Thought 32 (2):280-292.
The Constitutional Foundations of the Financial System of the State of Lithuania.Dalia Vasarienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (3):987-1003.
The Problems of Correction of the Official Constitutional Doctrine.Egidijus Jarašiūnas - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):39-70.

Analytics

Added to PP
2016-04-16

Downloads
26 (#596,950)

6 months
4 (#800,606)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references