Zbornik Radova Pravnog Fakulteta u Splitu (Jun 2015)

Mutual relations between the Constitutional Court of the Republic of Croatia and judicial powers in the Republic of Croatia

  • Mato Arlović

Journal volume & issue
Vol. 52, no. 2
pp. 369 – 405

Abstract

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In this paper, the author examines the relationship between the Constitutional and Supreme Court, starting with the principle of mutual cooperation and verification. The starting precept is the claim that constitutionalisation of that relationship creates adequate opportunity for mutual cooperation and verification of these institutions, while not destroying their independence and self-sufficiency. This is because the constitutional maker, by regulating their position, tasks and scope, established the framework of their activity while on the other hand giving them substantial authority on which they must develop and achieve rule of law and constitution. Respect, application and implementation of the constitution are not and cannot be a relationship of domination and supremacy. In particular because in a country regulated by the rule of law and constitution, everyone is obliged to respect these principles which achieve suitable application and implementation of the principles of constitutionality and legality.

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