RELATIONSHIP BETWEEN LEGISLATIVE AND EXECUTIVE POWERS IN THE YUGOSLAV SOCIALIST CONSTITUTIONS

• Published in: Acta Histriae Vol. 31; no. 1; p. 113
• Main Author: Marković, Goran
• Format: Journal Article
• Language: English; Italian; Slovenian
• Published: Koper Znanstveno Raziskovalno Sredisce Republike Slovenije, Univerza na Primorskem 01-01-2023
• Subjects: Biological organs; Competence; Constitutional law; Constitutions; Influenza; Political power; Presidential powers; Separation of powers
• ISSN: 1318-0185
• DOI: 10.19233/AH.2023.6

The aim of the work is to examine the relationship between the legislative and the executive power in socialist Yugoslavia, in order to answer the question whether and to what extent the principles of the assembly system had really been constitutionally guaranteed. The author analyzes competencies and mutual relationship between the legislative and executive power in the four constitutional acts (1946, 1953, 1963, 1974). The constitutional acts proclaimed that the Assembly was the supreme organ of power, while the constitutional theory claimed that it was the assembly system of power although the constitutional acts contained competencies of the political-executive organs which gave them considerable influence. This had been the least visible in the 1953 and 1963 constitutional acts, while the 1946 and 1974 constitutions seriously strengthened the position of the executive power. Therefore, the author only reluctantly concludes that the Yugoslav constitutional system had the features of the assembly system. More precisely, it had been a kind of mixed system with the elements of the assembly system and the separation of powers, at least in the 1946 and 1974 constitutions.