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

{"title":"IZVRŠNA VLAST U VIDOVDANSKOM USTAVU","authors":"Đorđije Blažić, Anika Kovačević","doi":"10.46793/zbvu21.247b","DOIUrl":"https://doi.org/10.46793/zbvu21.247b","url":null,"abstract":"The author analyzes the provisions of the Vidоvdan Constitution which regulate the position and competence of the executive branch. With the Vidovdan Constitution, the Kingdom of Serbs Croats and Slovenes was proclaimed a constitutional parliamentary and hereditary monarchy in which the King has a central constitutional position and the position of an undisputed holder of executive power. The executive power is made available to the king, which is exercised by the ministers for him, with him and his subordinates. Ministers form the Council of Ministers (Government) and are at the head of certain administrative departments. Although the Constitution proclaimed parliamentarism, there was no classic parliamentary responsibility of ministers before the Assembly. The king was a political factor that enters the field of competence of other holders of power, and thus the division of power provided by the constitution \"falls away\". The king's power extends to the civil and military field of life of the state, to the external and internal spheres. Although the adoption of the Vidovdan Constitution aimed to create a unified system of organization and division of power, the internal state and political situation in the country, after the adoption of the Constitution, became more complicated and filled with frequent ministerial crises and conflicts of political parties. The King's domination and his frequent \"going out\" outside the constitutional framework resulted in increasing centralization and, in the end, a coup d'etat and the establishment of King Alexander Karadjordjevic's personal dictatorship.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"88 2 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":"129789385","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}

{"title":"VIDOVDANSKI USTAV – SIMBOL (NE)JEDINSTVA PRVE JUGOSLOVENSKE DRŽAVE","authors":"Jelena P. Vučković","doi":"10.46793/zbvu21.107v","DOIUrl":"https://doi.org/10.46793/zbvu21.107v","url":null,"abstract":"In the paper, the author analyzes one of the basic starting points of the theory of constitutional law, according to which the constitution as the highest formal legal act simultaneously represents a symbol of unity and vitality of a state, a sign of its identity and a factor of social integration. If it succeeds in constituting a legal and socio-political order, the constitution has its future. From the aspect of such a theoretical definition, the Vidovdan Constitution has only partially fulfilled its function. Created three years after the unification into a common state of peoples of the same ethnic, but completely different cultural, religious, economic and historical origin, it has become more a symbol, and less a factual and legal reality. The paper will analyze the socio-political circumstances that led to its enactment and adoption, as well as the reasons that opened the question of its change from the moment it was adopted and entered into force. If we know that the quality of a constitution is crucial for its internal properties, its content, the circumstances under which it was adopted, the manner in which it was adopted, the intentions and goals of the constitution maker, it is clear that the Vidovdan Constitution, apart from becoming a formal legal symbol of unification, could satisfy the opposing aspirations of the Serbian and Croatian, as well as the Slovenian political establishment, the intellectual elite, but also the population itself. The Serbian political course of unification included a unitary system, a monarchical form of government led by the Karadjordjevic dynasty and a state that would have all members of the Serbian people within its borders. The Croatian political elite saw the new state as a transitional solution on the path to independence and the realization of a centuries-old dream of an independent Croatian state, based on the ideology of historical and state law. Slovenians perceives the idea of unification primarily as protection from Germanization, to which it was constantly exposed within Austro-Hungary. Thus, differences in the approach to the idea of unification will become the germ of conflict in the future common state. The Vidovdan Constitution could not resolve the antagonisms and mutually opposing views, but further deepened them. However, its importance is reflected in the fact that it shows that law is powerless in the face of socio-political reality if it does not primarily represent its framework, and that this thesis is current a century earlier, equally relevant today","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"67 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":"124553253","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}

{"title":"WECHSELBEZIEHUNGEN ZWISCHEN DER UNTERGEHENDEN DONAUMONARCHIE, ÖSTERREICH UND DEM SHS-KÖNIGREICH","authors":"W. Rohrbach","doi":"10.46793/zbvu21.353r","DOIUrl":"https://doi.org/10.46793/zbvu21.353r","url":null,"abstract":"Much of the literature that emerged in the 20th century about relationships between Serbia and the Republic of Austria, is marked by emotional guilt assigning and political or nationalist influences. That is why, since the beginning of the 21st century, a group of European historians researched events in the Balkans in the first third of the 21st century. The results of this research are partly contrary to all previous theses on the completion of the First World War II and its influence on the creation of Yugoslavia. In addition to South Slavic experts, the authors of this paper also belong to this group of researchers. Our own analyzes and conclusions, as well as quotes from colleagues show how often partial information were consciously taken from archival material, from which (sometimes voluntarily), distorted overall picture were made. This article tries to, through additional source material and contemporary literature on the years 1914-2021, acts enlightening in areas where percepciones of Austrian and Serbian authors differ in most cases.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"4 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":"127789237","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}

{"title":"PROŠIRIVANjE TRADICIONALNE USTAVNE MATERIJE –SOCIJALNE I EKONOMSKE ODREDBE U VIDOVDANSKOM USTAVU","authors":"Darko Simović, Ivana Krstić-Mistridželović","doi":"10.46793/zbvu21.285s","DOIUrl":"https://doi.org/10.46793/zbvu21.285s","url":null,"abstract":"The final establishment of a unified Yugoslavian state, as the fundamental reason behind the adoption of the Vidovdan Constitution, contributed to the overshadowing of all other characteristics of this act by the unified state system. Although it is one of the common conceptions that the Vidovdan Constitution had to a great extent copied the economic and social provisions of the Weimar Constitution, much less attention was given to the fact that the nature of this constitution, as the highest legal act, was somewhat modified. Comparatively, the Kingdom of Serbs, Croats and Slovenes was amongst the first to transform their constitution from a purely organizational-constitutive act by implementing elements of an economic and social charter as a future-ready program. The constitution is no longer only a constitutive act of a state, it simultaneously serves as an act that transforms the state from a political organization into a social and cultural community. In addition, although the Weimar Constitution was an exemplary model, the framers of the Vidovdan constitution were not plagiarizers, as they were original in many of their provisions. Distinctive constitutional provisions were the result of complex socio-political circumstances at the time that the framers of the constitution had to consider in order for the constitution to be adopted.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"35 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":"116477514","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}

{"title":"LEGITIMITET VIDOVDANSKOG USTAVA – IDEALIZAM BEZ REALNOG UPORIŠTA","authors":"M. Đorđević","doi":"10.46793/zbvu21.027dj","DOIUrl":"https://doi.org/10.46793/zbvu21.027dj","url":null,"abstract":"The Constitution of the Kingdom of Serbs, Croats and Slovenes (KSHS) of 1921 had for its goal to constitutionalize the organization of the new state, created after the end of the First World War: its organization of government, human and minority rights and freedoms, etc. and also to establish a new nation – the so called \"nation with three names\" or \"three-tribe nation\", i.e. – Yugoslavs, as the bearer of the identity of the new state. KSHS was to reconcile not only the nations with different history, mentality and language, but also nations who fought each other fiercely just until a few years back before the adoption of the Vidovdan Constitution. The constitutionalization of a unitary state in which the official language is \"Serbo-Croatian-Slovenian\" (which as such simply does not exist), ignored clear signals that the essential legitimacy for such state does not exist in a significant part of the country. The analysis of the political activities of the parties, their programs and the election results in the western territories of what was soon to become KSHS (especially in Croatia, Slavonia and Dalmatia – back then within the Austro-Hungary) shows a distinct anti-Serbian and especially anti-Yugoslav narrative since the middle of the 19th century and the political actions of Ante Starčević, Eugen Kvaternik, later Ivo Pilar and others. It is also clear that such chauvinist, extreme political standpoints, present to a far greater extent to be simply ignored, would turn out to be too much of a burden for the new state and nation, as well as for the Vidovdan Constitution itself, indirectly leading to its infamous end, declaration of dictatorship, assassination of King Alexander Karađorđević and finally the disintegration of the state and horrendous atrocities and genocide against Serbs in the Independent state of Croatia (NDH). In a certain way, the Vidovdan Constitution, due to the shortcomings in its legitimacy, traced the road to hell – paved with good intentions.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"238 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":"116455230","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}

{"title":"VIDOVDAN CONSTITUTION AS A KEY STUDY FOR UNDERSTANDING THE EUROPEAN CONSTITUTIONAL DEVELOPMENT","authors":"I. Pellicciari","doi":"10.46793/zbvu21.017p","DOIUrl":"https://doi.org/10.46793/zbvu21.017p","url":null,"abstract":"How scientifically legitimate is the research of the history of the Kingdom of Serbs, Croats and Slovenes? Does it make sense to deal with it today more than before? According to Weber-inspired methodology, the legitimacy of the research topic is based on the subjective (value judgment of the researcher) and the objective element (depending on the actuality of the topic and the selected professional structure). From this point of view, it seems that the answer to the initial question about legitimacy of the study on the Kingdom of SCS is confirmed. The choice of the topic of the paper is the result of personal interest and almost biographical affiliation of the author to the history and scenario of the \"South Slavs\"; But, on the other hand, actuality of topics can be objectively justified by the obvious interests of the scientific and professional public for the rediscovered Eastern Europe and - especially - for The Balkans, as one of its crucial geopolitical hubs.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"16 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":"116738556","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}

{"title":"POLITIČKI KOMPLEKS VIDOVDANSKOG USTAVA","authors":"N. Ivković","doi":"10.46793/zbvu21.367i","DOIUrl":"https://doi.org/10.46793/zbvu21.367i","url":null,"abstract":"The paper analyzes the political context of the constitution of a common state of Serbs, Croats and Slovenes. The search for and recording of the reasons for the adoption of certain legal solutions begins with the consideration of political circumstances at the domestic and international political level. Further, through the analysis of political circumstances and sociological environment, the character of the legal acts that preceded the constitutive, Corfu and Geneva declarations and finally the December unification acts is observed. After the objectification of the act of unification, the central topic of research is the procedure of enactment and political elements of the Vidovdan Constitution. The research is also part of an attempt to establish the facts and demystify the issues that have burdened the former Yugoslav states for decades. Was the common state a mistake or the result of rational decisions in the dynamics of Europe at that time. Formally - legally and politically, all countries of the former community are either in the European Union or on the path to membership, with a strong state desire to be part of the same community, and on that basis, the historical-political context is observed.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"106 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":"123724502","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}

{"title":"FEDERALISTIČKE IDEJE U NACRTIMA VIDOVDANSKOG USTAVA","authors":"Nebojša Ranđelović","doi":"10.46793/zbvu21.093r","DOIUrl":"https://doi.org/10.46793/zbvu21.093r","url":null,"abstract":"Federalist ideas in the drafts of the constitution in 1921 were one of the features of the process of creating the Vidovdan Constitution. They also marked the later state and legal development of the Kingdom of Yugoslavia, the crisis of parliamentarism, dictatorship and later events, until the formation of the Banovina of Croatia and the collapse of the Kingdom of Yugoslavia. In the content of the theme of this paper it is worth mentioning the tendencies of the Croatian Republican Peasant Party and the ideas of Stjepan Radić, but also other draft constitutions (eg the draft constitution of Josip Smodlaka and similar draft constitutions). It is especially interesting to consider the idea of Stojan Protić. Although he was an exponent of the policy of the People's Radical Party, he advocated a draft constitution with elements of federalism. These ideas left a deep mark in the constitutional problems of the common state, although the hallmark of its existence, until its collapse, was the aspiration towards unitarism.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"70 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":"131027650","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}

{"title":"VIDOVDANSKI USTAV U UDžBENICIMA USTAVNOG PRAVA – VEK KASNIJE","authors":"Đ. Marković","doi":"10.46793/zbvu21.057m","DOIUrl":"https://doi.org/10.46793/zbvu21.057m","url":null,"abstract":"The article analyses the attitude of writers of the constitutional law textbooks from the former Yugoslavia towards the Vidovdan Constitution. The author focuses on the textbooks used at the time of writing in teaching and for exam preparation of Constitutional Law at state-owned law faculties as of academic year 2020/21. However, the analysis also includes several textbooks that represent a kind of historical readings. By comparing the relevant materials, the author made an attempt to shed light on scientific, legal and even political attitude of various authors towards the Vidovdan Constitution, and indirectly towards the Yugoslav state itself. The significance of this analysis is reflected in the fact that young generations - future lawyers and members of the social elites of the states created on Yugoslav foundations, get acquainted with their constitutional history through textbooks of constitutional law.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"52 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120909267","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}

{"title":"SLOBODA ŠTAMPE PREMA VIDOVDANSKOM USTAVU","authors":"Ružica Kijevčanin","doi":"10.46793/zbvu21.333k","DOIUrl":"https://doi.org/10.46793/zbvu21.333k","url":null,"abstract":"In this paper, the author starts from the thesis that freedom of expression, which is best reflected in freedom of the press, as the central public media of the time, was a clear indicator of the level of development of the newly created Yugoslav society. The press in the Kingdom of Serbs, Croats and Slovenes was a clear example of existing social antagonisms. Although the Vidovdan Constitution paid attention to this fundamental human freedom, classifying it as a political right of citizens, the manner of its regulation and practical application indicated limitations, immaturity and unwillingness of society to face its own weaknesses, ie the weaknesses of the ruling establishment, but also all important political factors. According to the letter of the constitution, freedom of the press is guaranteed, but with restrictions. These restrictions, such as the possibility of introducing censorship in cases provided by law, clearly raised the question of whether the existence of freedom of expression could be discussed at all in this period. The enjoyment of freedom of the press was concretized by a later law which found a foothold in the Constitution. Historical facts most faithfully reflect the situation in this area, but also the importance of the issue, through reflection on everyday political, cultural, educational, economic and social relations. After 100 years, the violation of freedom of the press is referred to as a violation of media freedom, which means that restrictions and violations of the rules have not been eradicated, but only shaped into new terminology, ie a new appearance.","PeriodicalId":348409,"journal":{"name":"Zbornik radova: \"100 GODINA OD VIDOVDANSKOG USTAVA\"","volume":"38 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":"123496793","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}