Pavle Nikolic: The King is the Constitution’s subject

Above all, reestablishment of the Constitutional; Parliamentary Monarchy would lead to the establishment of a democratic political system, in which the democratic state institutions, as the expression of the electorate’s will, would function, act and perform their duties in governing, to the benefit of the people and the country. By that alone, the influence of the citizens would inevitably be greater, and that would stimulate raising of the level of political culture and focus the political awareness. Besides, reestablishment of Constitutional Parliamentary Monarchy would mean the final breaking up with the remnants of the former regime and eradicating all of its trails, which is the prerequisite for the general recovery of the society, particularly from the moral and spiritual point of view. At the same time., it would reestablish the international reputation and prestige of Serbia, that it used to have both as a n independent state and the part of the Kingdom of SHS and the Kingdom of Yugoslavia. With the state system like this, Serbia would regain friendship with many democratic countries, which would open the way to a successful economic and every other cooperation with those countries. Reestablishment of the Constitutional Parliamentary Monarchy after sixty years of communist and disguised communist regime, Serbia would be able to continue, develop and raise the level of its constitutional organization from the period when it was Monarchy. Serbia would thus again be included into the family of the countries with highly developed constitutional system.

The King’s prerogatives

- Constitutional Parliamentary Monarchy in the world today represents a modern, democratically organized state under the rule of law. One of the key elements which mark this kind of state system is the position and the role of the Monarch. The King’s authority and prerogatives in a Constitutional Parliamentary Monarchy are regulated by law (by the Constitution and possibly other laws). That means that the King derives his authority from the Constitution. That makes the very idea of the rule of law, the constitutive part of the Constitutional Parliamentary Monarchy. The authority and prerogatives of the King are limited. Compared to the Monarchs form previous times and ages, the King in a Constitutional Parliamentary Monarchy has much narrower authority and functions than presidents in many democratic republics. Constitutional Parliamentary Monarchy is not a personal regime, and thus it can’t give grounds for any form of dictatorship, authoritarianism etc. The largest part of the King’s prerogatives is effectuated so that his acts are signed by the Prime Minister and the Ministers, who in that way take responsibility for the acts in the Parliament. Without their signatures the King’s acts have no value. That is why it is said that “the King reigns, but does not rule”. Monarch is a non political personage, and above parties’ interests. In relation to the parties, he is neutral (and objective) and that enables him to lessen parties’ conflicts and have the role of a reconciliator and even an arbiter. By such position within the system, the Monarch provides functioning of the mechanisms of the Government that were set by the Constitution and the fulfillment of the constitutionally determined relationships between the legislative and executive power, to a greater extent than a president of a republic who is as a rule an exponent (often a leader) of a political party.

Appanage

In a Constitutional Parliamentary Monarchy that would be reestablished in Serbia, the Constitution should anticipate that the so called “civilian list” for the King is set by law passed in the Parliament by the absolute majority. The law should also determine the persons who constitute the Royal House.

Borivoje Borovic