CONSTITUTIONAL DETERMINATION OF THE ELECTORAL SYSTEM AND THE COUNTRIES OF FORMER YUGOSLAVIA

Abstract

The author analyses the constitutional determination of the electoral system, its different manifestations and consequences, hence questions if they should find their place within material constitutions. Comparative constitutional examples show both theoretical and practical flaws of such determination, as both explicit and implicit prediction has more drawbacks than advantages. After explanation and differentiation of related key concepts with comparative examples, the author focuses on former Yugoslav countries that display a variety of possible solutions. Inter alia, he finds that the Serbian constitution implicitly determines the proportional electoral system and advocates future revision of the norms in question, since the present solution can be considered as the least favourable.