Constitutional identity of Serbia: What does the 2006 Constitution say?

Mikić, Vladimir (2026) Constitutional identity of Serbia: What does the 2006 Constitution say? Srpska politička misao. ISSN 0354-5989

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Abstract

The 2006 Constitution of the Republic of Serbia was adopted in an unexpectedly short period of time, in an insufficiently transparent manner, and, most likely, as a consequence of the reaction to the dissolution of the State Union of Serbia and Montenegro, at the initiative of a smaller member of the joint state, that is, Montenegro. The most important elements of the constitutional formation of the "new" state formation, which actually strengthened its independence after many decades of living in multinational states, include the components that were used by the Constitution of 2006 in order for the key components of the constitutional order to be self-identified. The mentioned include, rarely explicitly recognized in the context of comparative law, the "minority rights", but also a high level of concern for the full preservation of territorial integrity, with the Autonomous Province of Kosovo and Metohija in a particularly important place. Although it is full of inconsistent and linguistically and stylistically, to say the least, "surpassable" solutions, the Constitution of Serbia introduces some new, unexpected elements into the world's constitutional heritage, contained in the wording dedicated to the protection of basic rights and freedoms. The paper examines the central components of the constitutional identity created by the constitutional document that has been in force for almost two decades. Outlines of the constitutional identity of Serbia are also examined in the context of the content of other comparative legal sources in the field of constitutional law, as well as earlier constitutional acts in Serbian history.

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