Milenko Stanić
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引用次数: 0

摘要

塞尔维亚人、克罗地亚人和斯洛文尼亚人王国成立后,要做的第一步就是通过新宪法。事实上,要做到这一点并不容易,因为那件作品展示了新国家的所有冲突线。其中,基本的冲突发生在单一制和联邦制的支持者之间。然而,尽管有一些主要来自克罗地亚的建议按照联邦模式组织国家,但制宪者建立了一个单一的制度。本文运用历史的方法,并在一定程度上运用规范的方法,对来自政党和个人的最重要的宪法提案或方案的最基本概念进行了介绍。作者的意图是表明有妥协的建议,以及做出妥协的空间。最后,作者提出一个假设,即接受某些联邦主义者的愿望是否以及在多大程度上可能对后来可以说是缓和和减轻民族冲突产生影响。换句话说,作者认为,达成初步妥协可能是后来适当构建国家结构的开始,因为适合特定时代和社会的宪法最有可能实现其长寿,并真正实现它所建立的法律秩序。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
UNITARIZAM VIDOVDANSKOG USTAVA – IZMEĐU PREDLAGANOG I USVOJENOG
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.
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