СУДСТВО У СРПСКИМ УСТАВИМА
THE JUDICIARY IN THE SERBIAN CONSTITUTIONS

Summary/Abstract: The new Constitution of the Republic of Serbia (2006), with all its advantages and disadvantages, has been exposed to serious criticism it terms of its adoption procedure and contents. The new constitutional regulation of the role of the judiciary and the standpoint that the constitutional solutions overemphasize the influence of the executive and the legislative branch of government on the judiciary is one of the reasons for the author's comparative analysis of the position of the judiciary in the previous Serbian constitutions. The process of establishing an independent judiciary and the continuous attempts of the exponents of the other governmental powers to influence the judiciary are a common characteristic of almost all segments in the development of the Serbian civic state. Such tendencies can be recognized before the first Serbian Insurrection in the requests of the Serbs to the Sublime Porta to establish the privileges of autonomy, which would help the development of the judicial apparatus of the state and the "public institutions" of Serbia during the rule of Milos Obrenovic. But, ever since the Sultan's Hatisheriffs (public law acts with constitutional contents) until the State Coup in May 1903, after which the liberal constitution of 1888 was reinsituted, there was a curved but rising tendency to establish and independent and stable judiciary. In accordance with the contents of the Serbian constitutions, the development of the judicial system was accompanied by the adoption of appropriate legislation, frequently influenced by the underlying state policy. After almost 50 years of developing the judiciary under the influence of the real-socialist and other models created in the period from 1945 to 1990, the 1990s brought a different approach in the development of the legal and judicial system of Serbia. There is a general impression that the solutions contained in the current constitution do not represent a step ahead in comparison to the prior constitutional solutions.

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