ЈЕМСТВА СУДИЈСКЕ НЕЗАВИСНОСТИ У УСТАВИМА КНЕЖЕВИНЕ И КРАЉЕВИНЕ СРБИЈЕ
GARANTIES OF JUDICIAL INDEPENDENCE IN THE XIX CENTURY CONSTITUTIONS OF THE PRINCIPALITY AND KINGDOM OF SERBIA

Summary/Abstract: In the legal and political thought judicial independence is considered to be one of the key institutional guaranties of the rule of law. It has therefore enjoyed the highest legal safeguards as manifested by its inclusion in the very first constitutional texts in Europe and North America. In view of the above considerations, this paper addresses the guaranties of the substantive and personal independence of judges in the Constitutions of the Principality and Kingdom of Serbia. Analyzing the given Constitutions from the perspective of the relevant theoretical and comparative standards, the author reaches the conclusion that the judicial independence enjoyed, in general, an impressive level of protection, particularly when account is taken of the fact that in the nineteen century Serbia the institutions of the rule of law were being developed together with the making of the state itself. Furthermore, in the 1888 and 1903 Constitutions the author points out that the guaranties of judicial independence go well beyond the guaranties provided for by other constitutions of that epoch and that they correspond to the contemporary standards of judicial independence and accountability.

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