About this book

The monograph consists of an introductory note and five parts. The first part, from a theoretical perspective, deals with the issues of the concept and legal nature of the judicial branch of government and the issues of the origin, historical development and legal nature of the constitutional court, which has imposed itself in the last century as the most efficient controller of constitutionality. The second part of the monograph deals with the central issue of the work – the relationship between regular and constitutional case law, examining in more detail the subject of the procedure for assessing the constitutionality of acts of the judicial branch, i.e. the assessment of the constitutionality of general acts of the judicial branch and the assessment of the constitutionality of individual acts and actions of the judicial branch, especially through the institute of constitutional appeal, and the effect of decisions of the Constitutional Court in the procedure for assessing the constitutionality of acts of the judicial branch. The third part of the paper presents a comparative analysis of the solutions, where two model systems with the most significant, most complete and most characteristic constitutional judicial practice in the field of reviewing the constitutionality of acts and actions of the jurisprudence are discussed: Germany and Spain, and the systems of the former Yugoslav republics, since all constitutional legal solutions of these states arise from the same legal tradition. The specific features of other systems of reviewing the constitutionality of acts and actions of the jurisprudence will be presented in the appropriate parts of the general considerations of this topic. The fourth part of the paper presents the relationship between these two institutions in the legal systems of the Republic of Serbia and Montenegro, while the fifth part presents concluding considerations.