State courts: Perspectives

Abstract

The article is dealing with state owned courts with utmost criticism. Contemporary states are predominantly burdened with enormous troubles many are so called 'failed states'. The courts, being the state organs are tied to such states. Therefore, in 'failed states' there must be the 'failed courts.' This pertains especially to Serbia and its courts, including Constitutional court. However, the logical consequence is that under existing system it is almost impossible to achieve any improvement with existing political Establishment and its staff. Yet, there are some proposals, all based on making some distance from State and politics. Truth and justice are too precious for the Mankind to remain exclusivity of state due only to the physical power it possesses. Therefore as much as possible is necessary involvement of experts and other people outside State and politics. However, for the judges the prime must be ethic criterion. Repetitive changes of regulations and some additional education of people unacceptable for judiciary are the wrong way that is leading only to further confusion and many other negative consequences.