THE CONSTITUTIONAL CULTURE "ENLIGHTENMENT APPROACH" IN THE "POST-SECULAR AGE"

A FEW CONTEMPORARY WESTERN BALKAN INSIGHTS

Abstract

The constitutions of the modern democratic countries basically contain two elements in their
structure. On one hand, there are the functional elements that cover the most important issues
related with the organisation and with the work of the legal and political system in the country,
especially those issues that concern the organisation of the power, the political institutions and
the state bodies, and they also define the boundaries to protect the human rights and freedoms.
On the other hand, there are the so-called inspirational constitutional elements which reflect
and cover the cultural elements as a separate dimension within the Constitution, and which
regulate the most important spiritual and cultural principles and values that serve as a foundation
for the society and the country as a whole. It is the inspirational elements that are considered to
hold the key role in the defining of the constitutional philosophy, as well as the philosophy of
ruling with the state. These inspirational constitutional elements also define the constitutional
culture in one country, which is the reason why they are considered as pillars of the spiritual
dimension of the order, and also of the system of values within the country.
This paper analyses the basic elements of the constitutional culture in general, particularly the
constitutional culture of the Balkan countries. The paper emphasizes the analysis of the religion
as a very important inspirational constitutional element, how the religion (has) influenced on
the constitutional culture of the countries from the Balkan region and which are the effects from
that influence.