Dissolution of parliament: Legal nature of the dissolution act and possibilities of control
Year: 2024
Type: article
Abstract: The subject of this paper is the examination of the legal nature of the dissolution act and the consideration of the possibilities for controlling such an act. Dissolution, as a characteristic of the parliamentary system of government, is traditionally viewed as a political act, which implies that it is not subject to legal control. This paper reexamines this firmly rooted position in our legal theory on two levels. The first part of the paper discusses two cases of the power of the Bundestag's dissolution before the Federal Constitutional Court of Germany. The second part, drawing on Germany's experience and particularly considering the practice of dissolution in Serbia, critically analyzes the constitutional provisions of this institute. A special section is dedicated to analyzing relevant constitutional and legal provisions regarding whether the Constitutional Court of Serbia can control the act of dissolution. In addition to strict legal analysis, the paper also examines the justification of such possible actions.
Source: Nacionalni interes
DOI: 10.5937/nint50-55005
Author: Aleksandar Cvetković
Language: English
Topic: Law and Political Science
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4405536571