Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2020, vol. LIV, No. 1, pp. 173–194
language of the paper: Serbian
Original scientific paper
udk: 342.4(497.11)
doi: 10.5937/zrpfns54-25886
Author:
Darko Simović, Ph.D., Full Professor
University of Criminal Investigation and Police Studies, Belgrade
darko.simovic@kpu.edu.rs
Abstract:
Contrary to the normative part of the constitution whose basic function is of legal character, the preamble of the constitution is characterized primarily by sociological functions. There are many of them, however they are intertwined, hence one sociological function, as a rule is tied to the majority of other sociological functions. However, it is possible for certain functions of the preamble to be in collision. Based on a comparative analysis of modern constitutions we can discuss the following sociological functions of the preamble of the constitution: symbolic, legitimacy, integrative, ideological, educational and programmatic. Aside from sociological functions, the preamble can also have, although more rarely, a legal function. With respect to the preamble of the Constitution of the Republic of Serbia, its content is directed at establishing the territorial identity of the country. In that sense, it can be concluded that the symbolic function of the preamble of the Constitution is more dominant. Although in its content it does not offer anything new in relation to the normative part of the constitution, it announces in a celebratory tone, that Kosovo and Metohija are an integral part of the Republic of Serbia.
Keywords:
constitution, preamble, Republic of Serbia, Kosovo and Metohija.