Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA"最新文献

MODEL PODELE VLASTI U PRVOM USTAVU PRVE JUGOSLOVENSKE DRŽAVE – VIDOVDANSKOM USTAVU

Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA" Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.187b

Dragan Bataveljić, Dragan Vojinović, Dejan Logarušic

{"title":"MODEL PODELE VLASTI U PRVOM USTAVU PRVE JUGOSLOVENSKE DRŽAVE – VIDOVDANSKOM USTAVU","authors":"Dragan Bataveljić, Dragan Vojinović, Dejan Logarušic","doi":"10.46793/zbvu21.187b","DOIUrl":"https://doi.org/10.46793/zbvu21.187b","url":null,"abstract":"In this paper, the co-authors first analyzed the meaning and scope of the provisions of Vidovdan Constitution, as well as the circumstances that preceded its adoption. They include, among other things, the formation of the Kingdom of Serbs, Croats and Slovenes that took place on December 1st, 1918 in Belgrade, then, the constitutional provisional arrangement, as well as various debates held at the Constitutional Convention. Also, it should be mentioned that the final adoption of this Constitution was preceded by several constitutional drafts, so, the co-authors of this paper hope that their legal analysis will attract the attention of contemporary and future constitutionalists and legal historians. In the text that follows, the co-authors will attempt to shed the light on both social and political aspects of the conflicts of that time and clashes in the Assembly. The central part of the paper is dedicated to the issue of the organization of government (administration) in the Kingdom of Serbs, Croats and Slovenes based on Vidovdan Constitution. Namely, from the date of merging into a common state, until the date of the adoption of this Constitution, there was rather a long lapse of time, more than two and a half years. This created a lot of problems and the principle issue was the struggle to consolidate a newly formed state. Such constitutional provisional arrangement left a number of adverse consequences since the decisions passed by the Government established just temporary, provisional constitutional arrangements. Of course, at the given moment they were of great significance, but they generated the constitutional and legal framework of the newly formed state.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"208 1‐6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120851864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

VERSKO PITANjE U VIDOVDANSKOM USTAVU

Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA" Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.319dz

Velibor Džomić

{"title":"VERSKO PITANjE U VIDOVDANSKOM USTAVU","authors":"Velibor Džomić","doi":"10.46793/zbvu21.319dz","DOIUrl":"https://doi.org/10.46793/zbvu21.319dz","url":null,"abstract":"In 1918, the Kingdom of Serbs, Croats and Slovenes included various peoples and numerous churches and religious communities. The largest number of inhabitants of the new state belonged to the Orthodox, Roman Catholic and Muslim religions. The founder of the Constitution had the obligation to regulate the right to freedom of religion by the Constitution and to ensure equality between the existing churches and religious communities. The founder of the Constitution decided to reject the earlier constitutional model of the state religion from the Kingdom of Serbia and the Kingdom of Montenegro and to standardize the constitutional model of adopted or recognized religions. The political basis for the new constitutional solution was found in point 7 of the Corfu Declaration, which stated that ”all recognized religions will be exercised freely and publicly. The Orthodox, Roman Catholic and Mohammedan religions, which are the strongest in our nation in terms of the number of followers, will be equal and equal to the state. Based on these principles, the legislator will take care to preserve and maintain confessional peace, which corresponds to the spirit and past of our entire nation”. The paper analyzes the norms of the Vidovdan Constitution on freedom of religion.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117050630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

TEORIJSKOPRAVNI POGLED NA VIDOVDANSKI USTAV

Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA" Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.045m

Dejan Matić

引用次数: 0

ZAŠTITA IZBORNOG PRAVA PO VIDOVDANSKOM USTAVU

Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA" Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.267n

Maja Nastić

引用次数: 0

UNITARIZAM VIDOVDANSKOG USTAVA – IZMEĐU PREDLAGANOG I USVOJENOG

Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA" Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.131s

Milenko Stanić

{"title":"UNITARIZAM VIDOVDANSKOG USTAVA – IZMEĐU PREDLAGANOG I USVOJENOG","authors":"Milenko Stanić","doi":"10.46793/zbvu21.131s","DOIUrl":"https://doi.org/10.46793/zbvu21.131s","url":null,"abstract":"After formation of the state, Kingdom of Serbs, Croats and Slovenes, very first step to do was to adopt the new constitution. As a matter of fact, it was not so easy to do, because that piece of work showed all the lines of conflict in the new state. Among others, the basic conflict was between the supporters of the unitary and federal state system. However, despite the fact that, there were some proposals predominantly from Croatia to organize the state according to the federal model, the constitution-maker established a unitary system. In this paper, using the historical and to a lesser extent the normative method, the most basic conceptions of the most important constitutional proposals or projects, which came from both political parties and individuals, are presented. The intention of the author is to show that there were compromise proposals, as well as space to make a compromise. In the end, the author comes to the assumption of whether and to what extent the acceptance of certain federalist aspirations could have had an impact on later, it could be said, relaxation and mitigation of national conflicts. In other words, the author assumes that reaching an initial compromise could be the beginning of a later proper construction of the state structure, because a constitution tailored to the given moment and society has the greatest possibility to achieve its longevity and true realization of the legal order which it establishes.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116975210","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

NARODNA SKUPŠTINA PO VIDOVDANSKOM USTAVU

Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA" Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.221s

Petar Šturanović

{"title":"NARODNA SKUPŠTINA PO VIDOVDANSKOM USTAVU","authors":"Petar Šturanović","doi":"10.46793/zbvu21.221s","DOIUrl":"https://doi.org/10.46793/zbvu21.221s","url":null,"abstract":"The author gives his view of the Constitution of the Kingdom of Serbs, Croats and Slovenes of 1921, pointing out its importance at that time, but also its shortcomings. The choice of a centralist, unitary state system is recognized as one of the basic aspirations of the constitution-maker, that resulted in the king's dominant position as an integrative element, which made it impossible to establish (un)wanted balances between the king and parliament. In institutional terms, orleans parliamentarism is analyzed as an established type of parliamentary system of government, and also its functioning in practice. The author analyzed the constitutional position of the National assembly, emphasizing its weakness in relations with the king, explaining instruments such as the absolute legislative veto, through which the king exercised supremacy in the legislative sphere despite the constitutional proclamation to exercise legislative competence jointly. The unlimited right to dissolve the assembly, despite the undivided opinion of the constitutional theory on the prohibition of successive dissolution, further weakened the position of the National assembly, and established the king as an inviolable arbiter in resolving parliamentary crises, which may ultimately confront the people's will. The king's unrestricted right to dissolve parliament usurped the budgetary right of the National assembly, as one of the foundations of the parliamentary system, which further made it possible for the executive to rule without a budget. Constrained by the constitutional arrangement, insufficient representative functions, burdened by the democratic deficit, the National assembly proved to be weak in articulating various political interests, but was the scene of party and national tensions.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128861797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

GARANCIJE ŽIVOTA U KRALjEVINI SRBA, HRVATA I SLOVENACA – ODJECI VIDOVDANSKOG USTAVA U NjEGOVOM TRAJANjU I DANAS

Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA" Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.305c

D. Coric

{"title":"GARANCIJE ŽIVOTA U KRALjEVINI SRBA, HRVATA I SLOVENACA – ODJECI VIDOVDANSKOG USTAVA U NjEGOVOM TRAJANjU I DANAS","authors":"D. Coric","doi":"10.46793/zbvu21.305c","DOIUrl":"https://doi.org/10.46793/zbvu21.305c","url":null,"abstract":"The Constitution of the Kingdom of Serbs, Croats and Slovenes, adopted on June 28, 1921, established a certain framework of rights and freedoms of citizens in the new state, in a different way than it had been until then. The constitution did not recognize nobility, titles, \"or any advantages by birth,\" except for the King and his family. It guaranteed personal freedom and freedom of religion - again within the limits allowed by law; freedom of conscience and the press, the right of association, assembly and agreement. He forbade greenery, abolished feudal relations, and on the day of liberation from foreign rule, the peons became, without compensation, the owners of the state land on which they had worked until then. This Constitution also provided for freedom from the death penalty and the principles of talion,except in cases of attacks on the King and members of the Royal House. The paper outlines the picture of life in the new community, as conceived by this constitution. The results of this constitution from the moment of its adoption to its repeal and onwards are analyzed. Since this constitution was the foundation of a new state and a new society, the analysis with previous acts is not possible, because there are no parameters of the same name for comparison. Therefore, this act can be considered only pro futuro, even after its repeal, because the echoes of this act still exist today.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"6 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120840702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

UPRAVNO SUDSTVO PREMA VIDOVDANSKOM USTAVU

Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA" Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.233j

Zoran Jovanović, Stefan Andonović

{"title":"UPRAVNO SUDSTVO PREMA VIDOVDANSKOM USTAVU","authors":"Zoran Jovanović, Stefan Andonović","doi":"10.46793/zbvu21.233j","DOIUrl":"https://doi.org/10.46793/zbvu21.233j","url":null,"abstract":"The Vidovdan Constitution of the newly formed Kingdom of Serbs, Croats and Slovenes is one of the most important monuments of regional history of constitutional law. Adopted in 1921, in order to determine the basic principles of state and social organization, the Vidovdan Constitution contained certain provisions that are still acceptable today 100 years later. Moreover, the Vidovdan Constitution represents one of the most important moments in the creation of the administrative judiciary of the states that later emerged in the territory of the Kingdom. Namely, the literature states that the organization of the administrative judiciary, provided by the Constitution, leads to the most significant period in the development of the administrative judiciary (in Serbia) from its founding in 1869 until the Second World War. In this regard, as one of the most important aspects, authors emphasize the introduction of a two-tier administrative judiciary, with significant guarantees of professionalism in the selection of judges. Having in mind its significance in the history of the administrative judiciary, the authors will analyze the basic constitutional norms regarding the legal nature and organization of the administrative judiciary. Also, the research will include the issue of the position of judges of the administrative court and members of the State Council. In addition to the constitutional provisions, paper gives mentions to relevant provisions of the Law on the State Council and Administrative Courts, as well as the Decree on the State Council and Administrative Courts adopted shortly after the Vidovdan Constitution.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"2013 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127433453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

USTAVNI IDENTITET I VIDOVDANSKI USTAV

Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA" Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.005p

Vladan Petrov

引用次数: 0

IZBORI ZA USTAVOTVORNU SKUPŠTINU U MODRUŠKO-RIJEČKOJ ŽUPANIJI 1920. GODINE

Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA" Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.207b

Željko Bartulović

{"title":"IZBORI ZA USTAVOTVORNU SKUPŠTINU U MODRUŠKO-RIJEČKOJ ŽUPANIJI 1920. GODINE","authors":"Željko Bartulović","doi":"10.46793/zbvu21.207b","DOIUrl":"https://doi.org/10.46793/zbvu21.207b","url":null,"abstract":"The elections for the Constituent Assembly of the Kingdom of Serbs, Croats and Slovenes in 1920 may show the political orientation of the voters and the acceptance of the party programs that the parties advocated during the pre-election period and in the work of the assembly. The elections were held in a part of the Modruš-Rijeka district that was not under Italian occupation, which significantly affected the results. Within the constituency, three areas are distinguished. Kordun with a predominantly Serb population votes for unitarian-centralist parties (“Pribićevićs“ and Radicals), and Croats for Croatian and federalist parties (Croatian Republican Peasant Party - CRPP and Party of Rights). It is similar in Gorki Kotar with the Croatian majority. In Primorje, there is a dispersion of votes between the Unitarians and the CRPP, with a smaller share going to the Radicals, the Croatian Popular Party (“clericals“) and the Communists. In the constituency, the Democrats won with 31.65% of the vote, the CRPP won 24.90%, communists 15.81%, and the rightists 12.53%. Three members of the Democrats, three members of the CRPP, one communist and one member of Party of Rights were elected. The Democrats brought together Yugoslav politicians, but not an integral one denied by the “tribes“, but pre-war coastal right-wingers who, in fear of Italian irredentism, wanted a strong state. The CRPP has not been successful in the Littoral, which, under pressure from the regime, can be attributed to a state program that does not suit coastal Croats. Those in the party's struggle against centralism and unitarism in the CRPP see the specter of separatism, which goes against the state as a shield against irredentism.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114463546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0