Constitutional Court as indicator of legal control of politics: Legal or political body?

• Main Author: Andrun Marko
• Format: Article
• Language: English
• Published: University of Criminal Investigation and Police Studies, Belgrade 2018-01-01
• Series: NBP: Nauka, bezbednost, policija
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0354-8872/2018/0354-88721802183A.pdf

In the first part of the article, the author explains the complex legal and political nature and functions of the Constitution as the highest general act of a state, which is at the top of the hierarchy of legal acts; a complete understanding of its legal, political and functional sense is necessary in order to adequately grasp the nature of the function of the Constitutional Court as the guardian of the values and order proclaimed by the Constitution. In the second part, the author provides a brief but precise explanation of the nature of the function of constitutional courts with the aim of declaring them legal and/or political bodies; in case of some complex issues the author stresses their legal arrangement exclusively in the Republic of Serbia, having in mind their complexity at the level of comparative constitutional and legal regulatory rules. Conducting research on a constitutional court as an indicator of legal control of politics represents a giant step towards the fulfillment of the aforementioned aims, as well as the firm evidence of the mixed legal and political nature of the function of constitutional courts.