METODOLOŠKI PRISTUP INSTITUCIJAMA USTAVNOG PRAVA

Abstract

Institutions of constitutional law play a key role in maintaining the rule of law, protecting civil rights and freedoms, enacting and enforcing laws, and governing the state in accordance with the constitution. This methodological approach focuses us on organizational structures and their relationships, which are normatively set by the constitution. This methodological institutionalism keeps us all the time on "firm" and "real" ground where value issues are beyond our attention, and these are primarily issues of constitutional principles and human rights. Of course, there are differences between the constitutional texts when the constitutional institutions themselves are mentioned, so in this sense we can distinguish between traditional or classic and "new" institutions of constitutional law, the introduction of which in the system of separation of powers can violate the traditional approach of the system of separation of powers. It is a frequent phenomenon that constitutional and even more so political practice tries to stubbornly stick to the established tripartite division of power, which "block" independent institutions, which were created precisely to "repair" the disturbed balance of state legal and political power.