GARAŠANIN’S CONSTITUTIONAL DRAFTS IN XIX CENTURY SERBIA Cover Image

ГАРАШАНИНОВИ НАЦРТИ УСТАВНОГ УРЕЂЕЊА СРБИЈЕ У XIX ВЕКУ
GARAŠANIN’S CONSTITUTIONAL DRAFTS IN XIX CENTURY SERBIA

Author(s): Ljubica Kandić
Subject(s): History of Law, Constitutional Law, 19th Century
Published by: Правни факултет Универзитета у Београду
Keywords: Ilija Garašanin; Constitutional Drafts; Constitutionality in XIX century Serbia;

Summary/Abstract: Serbian politician Ilija Garašanin is commonly credited with the four draft constitutions which are currently deposited in the Archive of Serbia. The purpose of this article is to look at this widespread attribution, and to examine its accuracy. The analysis of the records from a number of archives shows that the first Draft dated 1853 is, in fact, Garašanin’s early peace of work. However, the contents of this Draft confirms that the Draft itself was prepared somewhat later, most probably after the Treaty of Paris of 1856. The second Draft is commonly believed to be written in 1850; but, judging from it contents, this one was also created after the Treaty of Paris of 1856. The author contests Garašanin’s authorship of the second Draft, mainly because of the Garašanin’s political standing of that time. Namely, the Draft lays down a favorable constitutional position of the Prince against the Council, which was contrary to Garašanin’s opposition to the then Prince of Serbia, Aleksandar Karađorđević.

  • Issue Year: 56/2008
  • Issue No: 2
  • Page Range: 69-95
  • Page Count: 27
  • Language: Serbian