ZELENI KONSTITUCIONALIZAM KAO SAVREMENA TENDENCIJA U USTAVNOM PRAVU

Constitutional law, which is entrusted with the role of guardian of the fundamental principles and legal and political order, giving it a certain odium of a conservative and traditional discipline, is faced with the challenge of how to anticipate the changes and contemporary tendencies around itself. Such a reception of the new developments, mainly caused by the process of globalization, environmental issues and digitalization, should provide space for the natural and unhindered development of the freedoms and rights in modern life. Of particular interest is the question of how constitutional law, where the principle of res judicata does not apply when it comes to constitutional decisions, deals with the issue of the environment. Although, it is undeniable that changes and new understandings can easily penetrate the onstitutional law through the constitutional courts and interpretation, which is a legitimate way, the idea still prevails - to clearly define and regulate rights as constitutional norms where it is possible. Green constitutionalism as a contemporary tendency in constitutional law represents a relatively new category and subject matter that advocates for the greatest possible inclusion of the environmental aspect in the highest legal and political act. The paper then provides a review of the concept of green constitutionalism, previously presenting its connection with the natural law, and also the very character of the constitutional law and the methods of its change in general. In the chosen constitutional approach and its "creativity", however, the possibilities of one's own system, the limits of which it sets for itself, must be respected, so as not to bring one's own declarative determinations and provisions into the position of nudum pactum.

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Publication Details

Published
2025-01-01
DOI
https://doi.org/10.46793/xximajsko.083v
Primary Topic
Environmental Science and Water Management
Type
article
Field-Weighted Citation Impact
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article

ZELENI KONSTITUCIONALIZAM KAO SAVREMENA TENDENCIJA U USTAVNOM PRAVU

Marko Vidachek, Marika Ristovska
Environmental Science and Water Management
article

ZELENI KONSTITUCIONALIZAM KAO SAVREMENA TENDENCIJA U USTAVNOM PRAVU

Marko Vidachek, Marika Ristovska
article en

Abstract

Constitutional law, which is entrusted with the role of guardian of the fundamental principles and legal and political order, giving it a certain odium of a conservative and traditional discipline, is faced with the challenge of how to anticipate the changes and contemporary tendencies around itself. Such a reception of the new developments, mainly caused by the process of globalization, environmental issues and digitalization, should provide space for the natural and unhindered development of the freedoms and rights in modern life. Of particular interest is the question of how constitutional law, where the principle of res judicata does not apply when it comes to constitutional decisions, deals with the issue of the environment. Although, it is undeniable that changes and new understandings can easily penetrate the onstitutional law through the constitutional courts and interpretation, which is a legitimate way, the idea still prevails - to clearly define and regulate rights as constitutional norms where it is possible. Green constitutionalism as a contemporary tendency in constitutional law represents a relatively new category and subject matter that advocates for the greatest possible inclusion of the environmental aspect in the highest legal and political act. The paper then provides a review of the concept of green constitutionalism, previously presenting its connection with the natural law, and also the very character of the constitutional law and the methods of its change in general. In the chosen constitutional approach and its "creativity", however, the possibilities of one's own system, the limits of which it sets for itself, must be respected, so as not to bring one's own declarative determinations and provisions into the position of nudum pactum.

Openalex Percentile: Top 76%
Environmental Science and Water Management
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ZELENI KONSTITUCIONALIZAM KAO SAVREMENA TENDENCIJA U USTAVNOM PRAVU — Marko Vidachek, Marika Ristovska · (2025) | TGRS Research Map | TGRS