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

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MODEL PODELE VLASTI U PRVOM USTAVU PRVE JUGOSLOVENSKE DRŽAVE – VIDOVDANSKOM USTAVU
Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.187b
Dragan Bataveljić, Dragan Vojinović, Dejan Logarušic
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.
在本文中,作者首先分析了维多夫丹宪法条款的含义和范围,以及其通过之前的情况。除其他事项外,它们包括1918年12月1日在贝尔格莱德成立的塞尔维亚人、克罗地亚人和斯洛文尼亚人王国,然后是宪法临时安排,以及在制宪会议上举行的各种辩论。此外,应该提到的是,这部宪法的最终通过之前有几次宪法草案,因此,本文的共同作者希望他们的法律分析能引起当代和未来的宪政主义者和法律史学家的注意。在下文中,共同作者将试图阐明当时冲突和大会冲突的社会和政治方面。本文的中心部分专门讨论塞尔维亚人、克罗地亚人和斯洛文尼亚人王国根据《维多夫丹宪法》组织政府(行政)的问题。也就是说,从合并为一个共同国家之日起,直到本宪法通过之日,有相当长的时间间隔,超过两年半。这造成了许多问题,主要问题是如何巩固一个新成立的国家。这种宪制临时安排造成了一些不利后果,因为政府通过的决定只是建立了临时的、临时的宪制安排。当然,在特定的时刻,它们是非常重要的,但它们产生了新成立的国家的宪法和法律框架。
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引用次数: 0
VERSKO PITANjE U VIDOVDANSKOM USTAVU
Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.319dz
Velibor Džomić
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.
1918年,塞尔维亚人、克罗地亚人和斯洛文尼亚人王国包括各种民族和许多教会和宗教团体。这个新国家的大部分居民属于东正教、罗马天主教和穆斯林宗教。《宪法》的缔造者有义务以《宪法》规定宗教自由的权利,并确保现有教会和宗教团体之间的平等。宪法的缔造者决定拒绝塞尔维亚王国和黑山王国早先的国教宪法模式,并将采用或承认的宗教的宪法模式标准化。新的宪法解决办法的政治基础是《科孚宣言》第7点,该点指出“所有得到承认的宗教都将自由和公开地行使。信众最多的东正教、罗马天主教、伊斯兰教将与国家平起平坐。根据这些原则,立法者将注意维护和维持符合我们整个民族的精神和过去的忏悔和平”。本文分析了维多夫丹宪法关于宗教自由的规范。
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引用次数: 0
TEORIJSKOPRAVNI POGLED NA VIDOVDANSKI USTAV
Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.045m
Dejan Matić
The paper discusses the Constitution of the Kingdom of Serbs, Croats and Slovenes, better known as the Vidovdan Constitution. Due to numerous controversies that accompanied the given constitutional text during its creation and the entire lifespan, this constitution represents the most important point of breaking decades-long debates about a unitary and complex state, adequate political organization of multinational states, and legal continuity, ie discontinuity of state-legal order. As these issues are almost always current in Serbian society, the need for another critical review of the said constitutional text in order to re-establish and properly understand the lessons of the Vidovdan Constitution, becomes undoubted.
本文讨论了塞尔维亚、克罗地亚和斯洛文尼亚王国的宪法,更广为人知的是《维多夫丹宪法》。由于给定的宪法文本在其创建和整个生命周期中伴随着许多争议,这部宪法代表了打破长达数十年的关于统一和复杂国家,多民族国家的适当政治组织以及法律连续性(即国家-法律秩序的不连续)的辩论的最重要的一点。由于这些问题在塞尔维亚社会中几乎总是存在,因此,毫无疑问,有必要对上述宪法案文进行另一次批判性审查,以便重新确立和正确理解《维多夫丹宪法》的教训。
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引用次数: 0
ZAŠTITA IZBORNOG PRAVA PO VIDOVDANSKOM USTAVU
Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.267n
Maja Nastić
Considering that electoral right is a fundamental political right and an important element of the electoral system, in this paper, we analyze how the protection of this right is ensured in the constitutional framework set a century ago with the adoption of Vidovdan Constitution. The development path of electoral law is the development path of democracy and through the mechanisms of its protection, we can argue about the degree of development of democracy and the extent to which efforts were made to ensure the fairness of elections. The structure of the paper is determined in such a way that we first observe the normative framework for exercising the electoral right. After that, the protection of electoral rights will be analyzed in terms of substantive and procedural guarantees. This paper aims to determine the basic features of the protection of the electoral rights, to take a look at the degree of development of democracy.
鉴于选举权是一项基本的政治权利,是选举制度的重要组成部分,本文分析了一个世纪前通过的《维多夫丹宪法》所确立的宪法框架下,选举权是如何得到保障的。选举法的发展路径就是民主的发展路径,通过对选举法的保护机制,我们可以论证民主的发展程度,以及为保证选举的公正性所做的努力程度。本文的结构是这样确定的,我们首先观察到行使选举权的规范框架。在此之后,将从实质性和程序性保障两方面分析对选举权的保护。本文旨在确定我国选举权保护的基本特征,考察我国的民主发展程度。
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引用次数: 0
UNITARIZAM VIDOVDANSKOG USTAVA – IZMEĐU PREDLAGANOG I USVOJENOG
Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.131s
Milenko Stanić
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.
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。
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引用次数: 0
NARODNA SKUPŠTINA PO VIDOVDANSKOM USTAVU
Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.221s
Petar Šturanović
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.
作者阐述了他对1921年塞尔维亚人、克罗地亚人和斯洛文尼亚人王国宪法的看法,指出了它在当时的重要性,但也指出了它的缺点。中央集权、单一制国家制度的选择被认为是制宪者的基本愿望之一,这导致了国王作为一个综合因素的主导地位,这使得在国王和议会之间建立(非)想要的平衡成为不可能。在制度方面,本文分析了奥尔良议会制作为一种既定的议会制政府,以及它在实践中的运作。作者分析了国会的宪法地位,强调了它与国王的关系的弱点,解释了绝对立法否决权等工具,尽管宪法宣布共同行使立法权限,但国王在立法领域行使至高无上的权力。不受限制的解散议会的权利,尽管宪法理论一致认为禁止连续解散,进一步削弱了国民议会的地位,并确立了国王作为解决议会危机的不可侵犯的仲裁者,这些危机最终可能与人民的意愿背道而驰。国王不受限制的解散议会权篡夺了国民议会的预算权,这是议会制的基础之一,这进一步使行政部门无预算统治成为可能。由于受到宪法安排的限制,代表职能不足,民主赤字的负担,国民议会在表达各种政治利益方面证明是软弱的,但却是党派和国家关系紧张的场所。
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引用次数: 0
GARANCIJE ŽIVOTA U KRALjEVINI SRBA, HRVATA I SLOVENACA – ODJECI VIDOVDANSKOG USTAVA U NjEGOVOM TRAJANjU I DANAS
Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.305c
D. Coric
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.
1921年6月28日通过的《塞尔维亚人、克罗地亚人和斯洛文尼亚人王国宪法》以一种不同于以前的方式,在这个新国家中确立了公民权利和自由的某种框架。宪法不承认贵族,头衔,“或任何出身优势”,除了国王和他的家人。它保证个人自由和宗教自由- -同样在法律允许的范围内;良心和出版自由,结社、集会和协议的权利。他禁止绿化,废除了封建关系,在从外国统治中解放出来的那一天,奴隶们无偿地成为了他们在此之前一直工作的国有土地的所有者。该《宪法》还规定不受死刑和监禁原则的约束,但袭击国王和王室成员的情况除外。这篇论文概述了这部宪法所设想的新社区的生活图景。本文分析了这部宪法从通过到废除的结果。由于这部宪法是一个新国家和新社会的基础,与以前的法案进行分析是不可能的,因为没有相同名称的参数进行比较。因此,即使在该法案被废除之后,它也只能被认为是未来的,因为该法案的回声今天仍然存在。
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引用次数: 0
UPRAVNO SUDSTVO PREMA VIDOVDANSKOM USTAVU
Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.233j
Zoran Jovanović, Stefan Andonović
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.
新成立的塞尔维亚人、克罗地亚人和斯洛文尼亚人王国的《维多夫丹宪法》是地区宪政史上最重要的丰碑之一。为了确定国家和社会组织的基本原则,1921年通过的《维多夫丹宪法》包含了一些在100年后的今天仍然可以接受的条款。此外,《维多夫丹宪法》代表了后来在王国领土上出现的各州行政司法机构的建立过程中最重要的时刻之一。也就是说,文献指出,宪法规定的行政司法机构的组织导致了行政司法机构(在塞尔维亚)从1869年成立到第二次世界大战的发展中最重要的时期。在这方面,作为最重要的方面之一,作者强调实行两级行政司法,在挑选法官方面有重要的专业保证。考虑到行政司法在行政司法史上的重要意义,笔者将分析行政司法的法律性质和组织的基本宪法规范。此外,还将研究行政法院法官和国务院成员的职位问题。除宪法规定外,文中还提到了《国务院法》和《行政法院法》的有关规定,以及《维多夫丹宪法》后不久通过的《国务院法》和《行政法院法》的有关规定。
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引用次数: 0
USTAVNI IDENTITET I VIDOVDANSKI USTAV
Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.005p
Vladan Petrov
With this paper the author completes his analysis of the reference historical constitutions and its influence on the constitutional identity of modern Serbia. Reffering to the effects of constitutional identity "outside" (preservation of state sovereignty) and "inside" (the "core" of the constitution), the author analyzes the functional failures and substantive controversies of the Vidovdan Constitution. Inconsistent normative solutions of this constitution, a deep socio-political crisis and an unresolved national question in the newly created state were an insurmountable obstacle to building the national constitutional identity. However, the symbolism of the date of adoption of the Constitution and the fact that, at least formally, it was the last classical constitution of the liberal-democratic type until the 1990s and the entry into force of the 1990 Serbian Constitution, make the Vidovdan Constitution a reference text for studying the constitutional identity of modern Serbia.
在此基础上,作者完成了对参考历史宪法及其对现代塞尔维亚宪法认同的影响的分析。从宪法认同的“外”(维护国家主权)和“内”(宪法的“核心”)两方面分析了维多夫丹宪法的功能失灵和实质争议。这一宪法不一致的规范解决办法、深刻的社会政治危机和新成立国家中尚未解决的民族问题是建立国家宪法认同的不可逾越的障碍。然而,宪法通过日期的象征意义,以及至少在形式上,它是1990年代之前最后一部自由民主类型的经典宪法的事实,以及1990年塞尔维亚宪法的生效,使维多夫丹宪法成为研究现代塞尔维亚宪法认同的参考文本。
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引用次数: 0
IZBORI ZA USTAVOTVORNU SKUPŠTINU U MODRUŠKO-RIJEČKOJ ŽUPANIJI 1920. GODINE
Pub Date : 1900-01-01 DOI: 10.46793/zbvu21.207b
Željko Bartulović
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.
1920年塞尔维亚人、克罗地亚人和斯洛文尼亚人王国制宪会议的选举可能表明选民的政治倾向,以及接受各党派在选举前时期和制宪会议工作中所提倡的政党纲领。选举是在不属于意大利占领的Modruš-Rijeka地区的一部分举行的,这对选举结果产生了重大影响。在选区内,有三个不同的区域。Kordun的主要人口是塞尔维亚人,他们支持一神制中央集权政党(“Pribićevićs”和激进党),克罗地亚人支持克罗地亚和联邦主义政党(克罗地亚共和农民党- CRPP和权利党)。在高尔基科塔尔,克罗地亚人占多数,情况也类似。在滨海莫里,一神党和克罗地亚人民党之间的选票分布分散,激进党、克罗地亚人民党(“神职人员”)和共产党获得了较少的选票。在该选区,民主党获得31.65%的选票,共和人民党获得24.90%的选票,共产党获得15.81%的选票,右派获得12.53%的选票。三名民主党成员、三名CRPP成员、一名共产党成员和一名右派成员当选。民主党把南斯拉夫的政治家们聚集在一起,但不是一个被“部落”否认的整体,而是战前沿海的右翼分子,他们害怕意大利的民族统一主义,想要一个强大的国家。CRPP在沿海地区并没有取得成功,在政府的压力下,这可以归因于一项不适合沿海克罗地亚人的国家计划。在反对中央集权和中央统一主义的斗争中,那些共和党内的人把反对国家的分离主义的幽灵看作是反对民族统一主义的盾牌。
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引用次数: 0
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Zbornik radova: "100 GODINA OD VIDOVDANSKOG USTAVA"
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