Since the populist administration took power in 2012, emerging constitutional democracy in Serbia has been gradually changed for Schmitt‘s identity and plebiscitary conception of democracy. A shift towards ‘the political guardian of the constitution‘ was justified by the claim that the consent of the majority was the crucial ground of legitimation in politics, while the...
Due Process Under Extreme Conditions: Burdens, Deference and the Judicial Function
In exercising judicial review in times of crises courts face a well-known dilemma: to defer or not to defer? Deference is prudent: The executive/legislature are better equipped to deal with emergencies swiftly and efficiently, as they possess the expertise, the wherewithal, and bear the responsibility for error. Exercising strict review may derail the governmental efforts...
Policy and Procedure in the Age of Personalized Foreign and Security Policy
This paper explores the dynamic between courts and policymakers in the areas of foreign affairs and national security through an empirical study of the targeted sanctions jurisprudence of the EU courts. It draws on an original dataset that includes judicial decisions reviewing 204 individual sanctions imposed under the EU Iran and Syria sanctions regimes, as...
How do judges manage risks for life?
Authorities have to be on the alert regarding potential causes of human rights violation. Human rights instruments require from them to take action in order to secure the rights of those within their jurisdictions. The extent of these positive obligations is not unlimited and depends on many factors, among which a risk assessment can play...
The role of constitutional courts in examinating presidentual appintments.
The theme is so old that started the judicial review in USA. Some contries are facing a constitutional political dilema: how to adress actions to avoid some political appointment, moreover in main public servitors. It is not only a matter of law, when public option is driven in different way than the presidential nomination. Recently,...