THE LEGAL AND CONSTITUTIONAL SCOPE OF IMPLEMENTATION OF THE ROLE OF THE SOCIALIST REPUBLIC OF SERBIA AND THE SOCIALIST AUTONOMOUS PROVINCES OF VOJVODINA AND KOSOVO IN THE RELATIONS IN (YUGOSLAV) FEDERALISM Cover Image

УСТАВНО-ПРАВНИ ОКВИРИ ОСТВАРИВАЊА УЛОГЕ СОЦИТАЛИСТИЧКЕ РЕПУБЛИКЕ СРБИЈЕ И СОЦИЈАЛИСТИЧКИХ ÀУТОНОМНИХ ПОКРАЈИНА ВОЈВОДИНЕ И КОСОВА У ОДНОСИМА У ФЕДЕРАЛИЗМУ(
THE LEGAL AND CONSTITUTIONAL SCOPE OF IMPLEMENTATION OF THE ROLE OF THE SOCIALIST REPUBLIC OF SERBIA AND THE SOCIALIST AUTONOMOUS PROVINCES OF VOJVODINA AND KOSOVO IN THE RELATIONS IN (YUGOSLAV) FEDERALISM

Author(s): Aleksandar Fira
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: The implementation of the role of the Socialist Republic of Serbia and the Socialist Autonomous Provinces within it is the integral part of the implementation of the Constitution of the S.F.R. of Yugoslavia, the Constitution of the Socialist Republic of Serbia and the Constitutions of the Socialist Autonomous Provinces, and at the same time, the relations in (Yugoslav) federalism and the relations within the Socialist Republic of Serbia. The outlined problem must be carefully studied by application of a scientifically — based empirical investigation and verified socio-political evaluation, specially because there is no authentic interpretation of the Constitution since the Constitution is interpreted by those whose duty it is to implement it. The Constitution of the S.F.R. of Yugoslavia has already laid down the scope of implementation of the role of the Socialist Republic of Serbia and the Socialist Autonomous Provinces in the provisions related to the implementation of the rights and duties of the working people and citizens, nations and nationalities of Yugoslavia, specifying that rights are exercised in the republics and autonomous provinces, while they are exercised in the S.F.R. of Yugoslavia (in the federation) — only in the cases specified by that same Constitution. In the Socialist Republic of Serbia, these rights are implemented: in the Autonomous Provinces, the territory of the Socialist Republic outside the boundries of the Autonomous Provinces, and in the Socialist Republic as a whole. The provisions of the Constitution of the Socialist. Repubic of Serbia, the Constitution of the S.F.R. of Yugoslavia and the Constitutions of the Autonomous Provinces also specify the position of the Autonomous Provinces in Yugoslav federalism. The Socialist Autonomous Provinces represent the constitutional elements of Yugoslav federalism, although they are a part of the Socialist Republic of Serbia as a state which, together with the other Republics, constitutes the Federation. The Socialist Autonomous Provinces, like the Republics, independently regulate, on their territory, all relations which are not regulated by the Federation. Provinces do not regulate only that which the Socialist Republic of Serbia, according to its Constitution, regulates for the territory of the Republic as a whole. Like the Republics, the Autonomous Provinces are responsible for the development of their territory, and for the development of the Yugoslav community as a whole, in which matters they have much authority. The Republics and Autonomous Provinces are according to the Constitution of the S.F.R. of Yugoslavia considered as equal. Still, there is certain difference between, the position of the Republics and the Autonomous Provinces: the amendment of relations in the Federation is within the jurisdiction of the Assembly of the Republic, and not the jurisdiction of the Assembly of the Autonomous Province as well. The boundries of the Republic, if they are not the boundries of the Autonomous Province also, may be altered by approval of the Republic only, otherwise approval of the Autonomous Province is necessary. The Federal law is executed by the relevant institutions in the Republics and the Autonomous Provinces alike. There is Federal — Yugoslav citizenship, and citizenship of the Republic, but not Provincial citizenship. The citizens of the Provinces — are the citizens of the Socialist Republic of Serbia. The Autonomous Provinces, like the Republics, are proportionately represented in all Federal institutions. Therefore, the implementation of the role of the Socialist Republic of Serbia and the Socialist Autonomous Provinces in (Yugoslav) federalism is precisely determined: by the Constitution of the S.F.R. of Yugoslavia, the Constitution of the Socialist Republic of Serbia and the Constitutions of the Socialist Autonomous Provinces.

  • Issue Year: 32/1984
  • Issue No: 3-4
  • Page Range: 357-379
  • Page Count: 23
  • Language: Serbian
Toggle Accessibility Mode