JUDICIARY IN SERBIA FROM MID 19th TO EARLY 20th CENTURY
JUDICIARY IN SERBIA FROM MID 19th TO EARLY 20th CENTURY

Summary/Abstract: In this paper, the author mostly uses the language of the legislator to discuss the development of the judiciary in Serbia from mid 19th to early 20th century. Such an approach has been chosen because by 1838 Constitution Serbian judiciary had not been based on any strong constitutional or legal framework. The organization of the judiciary was practically shaped and developed for this first time through legislation. Without a clear distinction between the executive and the judiciary by mid 19th century, in the thirty years that followed, in which state, judicial, and political institutions developed, Serbia passed the long way to reach some accepted values of developed European countries of the time, such as independent judiciary and permanent position of judges. Serbia entered the 20th century with a fully developed judiciary which was based on constitutional and legal principles identical or similar to the European countries of the time, even though, contrary to Serbia, those countries had built their judiciaries for a few consecutive centuries.

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