NARODNA SKUPŠTINA PO VIDOVDANSKOM USTAVU

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.