О ПОЛИТИЧКИМ ПРАВИМА И СЛОБОДАМА У КНЕЖЕВИНИ И КРАЉЕВИНИ СРБИЈИ ‒ УСТАВНИ И ЗАКОНСКИ ОКВИРИ XIX ВИЈЕКА
ABOUT POLITICAL RIGHTS AND FREEDOMS IN THE PRINCIPALITY AND KINGDOM OF SERBIA - CONSTITUTIONAL AND LEGAL FRAMEWORK OF XIX CENTURY

Summary/Abstract: At the beginning of the 1990s, along with restoration of liberal- democratic constitutionality in Serbia, the question was raised on the selection of a suitable constitutional model which would be adequate for the newly established state. Given that the constitutional discussions on that subject do not have an expiry date, the author of the present paper has tried to contribute to the interpretation of the Serbian constitutionality from the historical and legal perspective, which is ultimately aimed at establishing a stabile constitutional framework. Bearing in mind that human rights are an unavoidable subject of the constitutional regulation and a sine qua non of the implementation of the democratic constitutional order, the author’s analytical, legal and political view on the basic achievements and the main heritage of the normative regulation of political rights and freedoms of Serbia in XIX century could contribute, from the experiential point of view, to the contemporary process of upgrading of the Serbian constitutional identity. Exploring the genesis of the constitutional regulation of political rights and freedoms, with special emphasis on substantial and technical legal aspect, the author notes that there is one very noticeable feature of their constitutionalization, which implies the “enunciation” of legality, i.e. the situation where the text of the constitution refers to the law (especially noticeable in the Constitution of 869 and the Constitution of 1901). Considering that the quality of a constitution, as well as the validity of thus introduced constitutional order, is also assessed from the point of view of merit of the concrete enunciation of legality, the author endeavours to clearly differentiate the justified needs to elaborate constitutional norms on political rights of citizens from obvious examples of referring to legal regulation with the purpose of limiting and ultimately suspending the constitutional rights.

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