engleski

Judicial Formalism and the Constitution for Europe

The author argued that the process of constitutionalisation, or creating of European Constitution is a result of the changed legal culture of European societies - from formalistic to more pragmatic. Succesfull participation in the constitutionalisation process presuposes non-formalistic judges. Thus, ex-communist countries, including Croatia, will have to undergo a serious pardigmatic change if their institutions are to bring any input into the constitional debate in the EU, and thus contribute to the creation of the European Constitution.

judges; constitutionalisation; application and intepretation of law; EU; Croatia

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