Government election in the constitution of Montenegro from 2007 in light of comparative law
After presenting the main mechanisms of parliamentary systems on a comparative level and their mutual differences, the author highlights the possibility of multiple elections of a government in a single parliamentary term, even after having a prior government voted out of confidence, as an essential...
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| Format: | Article |
| Language: | English |
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Institute of Comparative Law, Belgrade
2024-01-01
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| Series: | Strani pravni život |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2024/0039-21382401109S.pdf |
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| _version_ | 1850198680156504064 |
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| author | Stojanović Matija R. |
| author_facet | Stojanović Matija R. |
| author_sort | Stojanović Matija R. |
| collection | DOAJ |
| description | After presenting the main mechanisms of parliamentary systems on a comparative level and their mutual differences, the author highlights the possibility of multiple elections of a government in a single parliamentary term, even after having a prior government voted out of confidence, as an essential element of the continental parliamentary system. The author then points out to different solutions by which this possibility is realized in the constitutions of European parliamentary democracies. The author then highlights the solution of the Constitution of Montenegro from 2007 as specific in terms of its nomotechnics. In the continuation of the work, the author presents a linguistic and systemic interpretation of the norms of that Constitution and examines the thesis that it introduces a "cabinet" system of government. The author then presents how the office holders in Montenegro actually interpret and apply the stated norms of the Constitution. After comparing the text of the Constitution and the practice of the office holders, the author questions the issue of their mutual compatibility. In doing so, the author points to the opinion of the Venice Commission, the Constitutional Court of Montenegro, exploring as well the grounding of the thesis that the aforementioned practice is based, not on the text of the Constitution, but on constitutional customs. Finally, the author critically examines the current version of the Constitution of Montenegro, concluding on the necessity of revising the Constitution of Montenegro in the part of its Government election procedure. |
| format | Article |
| id | doaj-art-a158b82f89264b698e8a1c216fa7b669 |
| institution | OA Journals |
| issn | 0039-2138 2620-1127 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | Institute of Comparative Law, Belgrade |
| record_format | Article |
| series | Strani pravni život |
| spelling | doaj-art-a158b82f89264b698e8a1c216fa7b6692025-08-20T02:12:49ZengInstitute of Comparative Law, BelgradeStrani pravni život0039-21382620-11272024-01-0168110912910.56461/SPZ_24106KJ0039-21382401109SGovernment election in the constitution of Montenegro from 2007 in light of comparative lawStojanović Matija R.0Univerzitet u Beogradu, Pravni fakultet, Beograd, SerbiaAfter presenting the main mechanisms of parliamentary systems on a comparative level and their mutual differences, the author highlights the possibility of multiple elections of a government in a single parliamentary term, even after having a prior government voted out of confidence, as an essential element of the continental parliamentary system. The author then points out to different solutions by which this possibility is realized in the constitutions of European parliamentary democracies. The author then highlights the solution of the Constitution of Montenegro from 2007 as specific in terms of its nomotechnics. In the continuation of the work, the author presents a linguistic and systemic interpretation of the norms of that Constitution and examines the thesis that it introduces a "cabinet" system of government. The author then presents how the office holders in Montenegro actually interpret and apply the stated norms of the Constitution. After comparing the text of the Constitution and the practice of the office holders, the author questions the issue of their mutual compatibility. In doing so, the author points to the opinion of the Venice Commission, the Constitutional Court of Montenegro, exploring as well the grounding of the thesis that the aforementioned practice is based, not on the text of the Constitution, but on constitutional customs. Finally, the author critically examines the current version of the Constitution of Montenegro, concluding on the necessity of revising the Constitution of Montenegro in the part of its Government election procedure.https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2024/0039-21382401109S.pdfconstitution of montenegrogovernment electionconstitutional custominvestiturecabinet system |
| spellingShingle | Stojanović Matija R. Government election in the constitution of Montenegro from 2007 in light of comparative law Strani pravni život constitution of montenegro government election constitutional custom investiture cabinet system |
| title | Government election in the constitution of Montenegro from 2007 in light of comparative law |
| title_full | Government election in the constitution of Montenegro from 2007 in light of comparative law |
| title_fullStr | Government election in the constitution of Montenegro from 2007 in light of comparative law |
| title_full_unstemmed | Government election in the constitution of Montenegro from 2007 in light of comparative law |
| title_short | Government election in the constitution of Montenegro from 2007 in light of comparative law |
| title_sort | government election in the constitution of montenegro from 2007 in light of comparative law |
| topic | constitution of montenegro government election constitutional custom investiture cabinet system |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2024/0039-21382401109S.pdf |
| work_keys_str_mv | AT stojanovicmatijar governmentelectionintheconstitutionofmontenegrofrom2007inlightofcomparativelaw |