KONKRETIZACIJA USTAVNOG NAČELA SRAZMJERNOSTI OGRANIČAVANjA LjUDSKIH PRAVA

Тhis paper attempts to contribute to the practical and normative explication of the Art. 20 Para. 3 of the Constitution of the Republic of Serbia. This provision is an important novelty in the Serbian constitutional development, envisaging the principle of the proportionality of the human rights` limitations. Utilising dogmatic approach, the nature, scope and structure of this principle are explained, and lege lata interpreted. Besides, the relevant constitutional case-law is analyzed in order to find out how this principle has been understood and applied. It is concluded that wording of the pertinent constitutional provision is too concise and thus incomprehensible and practically unapplicable. Therefore, this paper recommends more precise lege ferenda. At this moment, a wider interpretation is necessary. Therefore, this paper proposes certain theoretical and practical guidelines for the proper use of this complex analytical judicial instrument.