СРЕТЕЊСКИ УСТАВ – 175 ГОДИНА ПОСЛЕ
THE FIRST SERBIAN CONSTITUTION OF SRETENJE (CANDLEMASS) – 175 YEARS AFTER

Summary/Abstract: The author points to a few strongly rooted stereotypes regarding the first Serbian Constitution of Sretenje adopted in 1835. He calls for their re-evaluation and offers new arguments as a starting point to encourage further research.105 There are scholars who raise the question whether the 1835 act was the first Serbian constitution. Some claim that there were previous historical documents, which were of constitutional character, while others contest the constitutional nature of the 1835 act, due to the lack of formal sovereignty of Serbia in that time. In the author’s view the Constitution of Sretenje had sufficient formal and substantial elements comparable to other contemporary European constitutions.The author is of opinion that the Constitution was not imposed to then Serbian prince Milosh as an aftermath of the rebellion of the influential leader, Mileta, in 1835. Prince Milosh sincerely wanted to provide a constitution for the country, and had ordered its drafting five years before the rebellion took place. The author offers evidence that prince Milosh vigorously tried to save the Constitution after the strong negative reactions to its adoption, which came from Russia, Turkey and Austria. The three powers considered the Constitution to be revolutionary, modern and dangerous for their countries, which was particularly the case of its Chapter XI, providing on civil rights and liberties.

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