USTAVNO UREĐENjE KRALjEVINE SHS PREMA VIDOVDANSKOM USTAVU IZ 1921. GODINE SA POSEBNIM OSVRTOM NA POLOŽAJ BOSNE I HERCEGOVINE

Abstract

After the First World War and the defeat of the Austro-Hungarian monarchy, on December 1, 1918, the Kingdom of Serbs, Croats and Slovenes was created, which was constitutionalized on June 28, 1921, with the adoption of the first constitution (Vidovdan Constitution). The Kingdom of SCS also included Bosnia and Herzegovina, which before, as well as at the time of the creation of the first common state, did not have its own independent constitutional and legal system in the organizational and institutional sense. In this paper, in the analysis of the constitutional system of the first common state, the emphasis is on the organization of state power and state system. The first part of the paper will deal with the analysis of the organization of state power, identification of the principles of parliamentarism, and will point out the deviations of practice in relation to the official principles and principles built into the Vidovdan Constitution, which were established before its adoption, during the state provisional. Phenomena of deviations from the principles of parliamentarism, embodied in the activities of the government, and especially the king, arose and were visible from 1918 to 1921, and were present throughout the legislative period of the Vidovdan Constitution. Establishing a unitary state system, the Vidovdan Constitution foresaw the existence of various forms of self-government in which there were not only self-governing bodies, but also state administrative bodies. Following these provisions, we will shed light on the position of BiH in the common state. This issue must be viewed through the prism of the goals of political representatives and individual non-Serb parties from the territory of Bosnia and Herzegovina and their role in the process of adopting the first constitution of the common state. The support of the political representatives of Bosnia and Herzegovina was directly reflected in the provisions in the Vidovdan Constitution which refer to the state system, ie to the legal position of BiH, which is determined in the Constitution by the so-called тurkish paragraph.