| Abstract [eng] |
Constitutional law is the supreme law, which is developed via jurisprudence of a Constitutional Court. No act of legislation may contradict the Constitution, nobody is allowed to break the law of Constitution, constitutional law and order must be protected and the Constitution itself determines if acts of legislation contradict the Constitution or not. Disregard to the mentioned requirements is considered breaking a constitutional principle of a legal state. Purpose of the Constitutional Court is to execute constitutional justice, guarantee superiority of Constitution in the system of law and ensure constitutional legitimacy. The Constitutional Court must obey the final laws of it’s own. Final laws shackle the Constitutional Court by not allowing it to change the laws if there is no constitutional reason to do so. Accordingly, the Constitutional Court ensures continuation of the constitutional jurisprudence and predictability of it’s decisions, therefore sustaining stability of whole law system. Constitutional jurisprudence, formed by the Constitutional Court, determines the constitutional justice and legitimacy in a decisions and laws made by courts. Justice pursuit function determines independence of a judge and a court: courts must ensure justice and order, guarantee superiority of law and protect human freedom and rights. Purpose of the court instance system is to solve possible mistakes of lower instance courts, prevent breaking the law and therefore protect rights and rightful interests of person and society. Court instance system, described in the Constitution, must function accordingly to the constitutional principles and allow one practice of courts to be formed, which will ensure cases being solved in the same way, by following already formed precedents, corresponding to constitutional justice principles, which is revealed in presented verdicts. Obligation of court to suspend a case and appeal to the Constitutional Court with a request to investigate an act of legislation match for the Constitution is an expressis verbis described in the Constitution. Court doesn’t have a locus standi to appeal to the Constitutional Court with a request to investigate if a law or other act of legislation, which should not be applied in solving that kind of cases, is contradicting the Constitution. Constitutional justice jurisprudence, formed by the Constitutional Court determines a requirement, that all courts must ensure, that decisions they make are corresponding to constitutional justice and legitimacy. The Constitutional Court justice jurisprudence ensures, that the justice executed by courts is corresponding to the highest measure of justice – the Constitution. Ensuring superiority of the Constitution and protecting the constitutional order is the purpose of judicial power. |
