Part IV

Boštjan M.ZUPANČIČ, Professor, Dipl.iur. (Lab.), L.L.M., S.J.D. (Harv.), Judge of the Slovenian Constitutional Court, Member of the United Nations Committee against Torture, From Combat to Contract. What is the Constitution?
Democracy derives from the basic social contract, namely the Constitution. So, the Constitution is a judicial phenomenon, not different from other types of contracts. The most important difference of the Constitution as a contract is that it doesn’t have any sanction.                     

The functional purpose of court decisions which have to interpret the Constitution is the manifestation and the final proof of a State governed by the rule of law. The power and the authority of the supreme judges who interpret the Constitution have to derive from the contract which they interpret.

Keywords: Constitution, social contract, constitutional judge
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