OSNOVNA OBELEŽJA USTAVNIH SUDOVA U AUSTRIJI I ITALIJI

Abstract

The Constitutional Court is the guarantor of the rule of law. Its basic function is to ensure the protection of basic human and minority rights and freedoms and judicial control of the constitutionality and legality of normative acts. It is important for every modern state to organize its constitutional judiciary in the most efficient way possible, and comparative legal solutions and experiences are certainly helpful on that path. In order to fully understand the role played by this state body, we analyzed the Constitutional Court of Austria, and then of Italy. The constitutional courts of these countries had a great influence when regulating the way of functioning, but also the organization of many constitutional courts, as well as the Constitutional Court in the Republic of Serbia. We felt that it is important to pay attention to this issue, because a proper understanding of each institution, starting from its very beginning to the modern forms in which it exists today, is of crucial importance for the full implementation and achievement of purpose in the life of the state and its citizens.