other different reasons. of the great program, ideological and political divergences between the leading parliamentary parties (from left to extremely right) it was necessary to adopt a number of important conciliatory decisions and concessions to receive the coordinated variant of the Constitution. And it has affected its quality, but the fact of adoption of the Constitution, objectively speaking, is a step forward - to Europe. We shall also note, that adoption of the new Constitution breaks continuity of the monarchist system as the traditional way of government in Serbia, in other words, it fixes the present republican way of government. consensus itself achieved in connection with adoption of the Constitution is the extremely important political event for Serbia. It testifies that is possible to achieve the general political consent on the question of the most important political and the state interest. And it is the essential precondition and guarantee of the democratic legality and efficiency of the new Constitution. And for elementary stability of the society and its basic institutions. Namely - the Constitution will not any more be the reason for incessant contest and mutual recriminations of political parties during its discussion as it is their joint political product. The achieved consensus of the parliamentary parties was at the same time the guarantee of success of the referendum as the parties for the first time amicably called to the same. adoption of the new Constitution corresponding to the European standards about human rights, rights and freedoms of minorities, is very important condition for the beginning of the movements of Serbia along the European way.
. Analysis of the contents of the new Constitution shows, that it, first of all, abounds with more advanced decisions and additions to the contents in comparison with the existing constitutional decisions. They greatly relate to the human rights and the rights and freedoms of minorities for whom there have been given exhaustive definitions and guarantees according to the European convention. It, undoubtly, is the best part of the Constitution, and the sufficient reason that despite the number of weak moments, it could be appreciated positively. innovation is the formal cancellation of public property. Some new important constitutional institutions and instances are involved, for example, Defender of citizens, High Council of Court, State Council of claimants, State Revising institutions, and the constitutional claim of citizens before the Constitutional Court. And, at last, the procedure of future changes of the Constitution becomes essentially simpler. remarks on the project of the Constitution concerned, first of all, of the fact that there was no public discussion. For this reason there have been put the question about legality and legitimacy of its recognition. Undoubtedly, public discussion of the project of the Constitution in spite of the fact that it is not stipulated as the stage of the constitutional procedure, would be useful though actually in it a and rather narrow circle of politicians and experts instead of the citizens would participate in it. It is impossible, however, for the lack of the public discussion, that the Constitution is of poor-quality and that it is the result of the secret contract raquo ;. The two preliminary projects of the Constitution officially offered to the Skupshchina (the project of the Government and the President) have been publicly, at the political and professional level, discussed for two years, first of all, by electronic and other mass media. On the ground of the given two offers there has been made the uniform project of the Constitution - due to the necessary concessions and compromises among the parliamentary parties in the National Skupshchina as the constitutional body. For absolute legality and legitimacy of the given Constitution there exist two serious and indisputable grounds. First, the given project is confirmed at the full consent of all significant parliamentary parties, at the majority far exceeding necessary (in two thirds of votes). Second, for the first time during the history of constitutionalism of Serbia, the project of the Constitution has been adopted by the citizens at the referendum. The obligatory confirmation of the Constitution by the majority of voters (from their general number) showed at the referendum gives the main basis of legality of the new Constitution. Its legality is not subjected to doubt, as it is proclaimed by the subjects stipulated by the Constitution (the Скупщина and its citizens) according to the report determined by the Constitution. the other hand, some of the fundamental principles cause some critical remarks. First of all, this definition of Serbia as the state of Serbian people and all the citizens, residing in it (Article 1) it, even symbolically, makes us come to the conclusion, th...
