From the Sretenje to Mitrovdan Constitutions with Reference to the Development of Democracy and Human Rights
From the Sretenje to Mitrovdan Constitutions with Reference to the Development of Democracy and Human Rights

Summary/Abstract: Constitutions are complex and substantively important documents, and at the same time they contain necessary characteristics that are a reflection of the existing type of society, that is a constitution is an act of state, the highest normative - legal regulation, which is a fundamental law, but also a declarative act and an ideological political act. The Constitution is also the highest legal act of the state, since the Constitution determines the legal force of other general legal acts. Today, the constitutional development of Serbia does not lag behind the strongest contemporary constitutional development of other countries. We could say that the constitutional beginning and development begins with Dušan’s code in 1349. The aforementioned constitution contains a number of constitutional elements, and in Dušan’s empire there was no higher law than the aforementioned Code. Other, later constitutions of Serbia as an independent state were encompased by the growth of human rights. In this context, this paper will focus precisely on the beginning of constitutionalism in the Republic of Serbia, but also on other later constitutions that were conditioned by the socio-economic circumstances in which they existed. A comparative-legal analysis can be used to perform a comparative-legal review of the constitutions in Serbia in relation to other constitutions that appeared at a certain time. This also applies to contemporary constitutional orders in the countries of the European Union, Russia, and other countries in relation to constitutionality in the Republic. Serbia. This paper presents the view that a change to the constitution as the highest legal act in a certain state can be expected, when it no longer has its purpose, that is, when it becomes a brake and a limiting element in itself, being in contradiction with the social circumstances in which it exists. Apart from this, our goal is to present the basic and fundamental characteristics of the development of constitutionalism in the Republic of Serbia.

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