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2 Facta Universitatis, Series: L. & Pol. 1 (2004)

handle is hein.journals/fauvisie2 and id is 1 raw text is: FACTA UNIVERSITATIS Series: Law and Politics Vol. 2, N°1, 2004, pp. 1 - 6 WHAT SHOULD SERBIAN CONSTITUTION BE LIKE UDC 342.4(497.11) Ratko Markovik Faculty of Law, University of Belgrade and Police Academy, Belgrade Abstract. Even if it does meet all requirements set before it, this does not mean the Serbian Constitution will be ideal. De Smith claimed that there is no predefined stereotype of an ideal constitution. He believed the form and content of the constitution would depend, first, on the political balance of power at the moment in which the constitution is proclaimed, second, on the commonsensical understanding of how practically useful certain constitutional solutions are, third, on traditional patterns available to politicians and their advisors writing the constitution. DeGaulle was referring to the same thing in his famous 1946 Bayeux Speech, where he quoted the response of the wise Solon to the question of a Greek, inquiring which constitution was the best. Solon replied: First tell me for which people and for what epoch. Key words: Serbian new constitution, short constitution, normative constitution, democratic constitution, firm constitution, modern constitution. Leaving aside opinions on how certain issues of constitutional matter should be cov- ered in the future Serbian Constitution, this constitution should have the following general characteristics. The Serbian Constitution should be a new constitution. It should follow from the highest state power standing above other state powers, and this power is constituting, for it defines rules under which constituted powers are formed. French authors contend that constituting power assumes two forms. According to Prelot, the first one occurs when the constituting authority provides a constitution to the country which has not by then had one, or which, after the adoption of the new one, no longer has the same constitution, which now establishes rules that are not initial, yet are novel enough, since the state and the regime originate from them. This is originary constituting power.1 In the words of Mi- chel Henri Fabre, this authority pronounces the new constitution in an initial, autono- mous, and total manner.2 The second form is the constituting authority which changes Received October 2, 2004 M. Prdlot, J. Boulouis, Institutions politiques et droit constitutionnel, Paris, 1980, p. 214. 2 M.- H. Fabre, Principes rdpublicains de droit constitutionnel, Paris, 1977, p. 153.

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