Aleksandar Đorđević

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Belgrade

PERIODICS

WAITING FOR THE CONSTITUTIONAL CHANGES – BETWEEN DE IURE AND THE FACTO JUDICIAL INDEPENDENCE

In this article the author before all points out the main characteristics of judicial independence as a principle of key importance for realization of the rule of law, especially insisting at theoretical differentiation between de iure and de facto independence. Further, the author analyzes constitutional and legal regulations, giving short review of history and presence of the judiciary, concluding that intolerance between legal independence of the judiciary and factual, which is substantial, independence of judiciary in Serbia is still pretty big, as well as that reform of the Constitution in the part concerning judiciary should be strategically prepared, what has not been the case by now. At the end, the author points out all relevant legal, political and cultural factors that should be realized on the way to real judicial independence as superb constitutional value.

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