PROTECTION OF CONSTITUTION AND CONSTITUTIONALITY IN FEDERATIONS

Abstract

One of the most complex issues of a Federal state is a method and the way of division of authorities between Federation and Federal units. In theory and practice there are two basic methods or constitutional technics of the allocation of authority between Federal units and Federal state.

Accoording to the first method, a particular responsibility is assigned to a Federal state, and other functions are considered to be assigned to Federal units.

According to the second method of the constitutional technics related to the allocation of authority, all responsabilities specifically not assigned to the Federal units belong to Federation.

Regardless of the method mentioned above, the laws adopted by the Federation are superior to those adopted by the Federal units.

The issue of conflict of jurisdiction between Federal laws and Federal Units Laws is elaborated, especially in situations considering miscallenous authority between Federation and Federal units as well as methods of constitutional revision of federal relations between Federation and Federal units.

It is prominent that the Court shall be independent of legislative and executive bodies. Furthermore, the Court shall be consisted of prominent high moral quality lawyers who are the experts who should also be quite familiar with the essence of federalism and federal relations.