Organizacija i funkcionisanje srpskog pravosuđa u vreme ustavobranitelja
Vidojković, Gordana M.
Faculty:University of Niš, Faculty of Law
Ranđelović, Nebojša V.
Nikolić, Dragan K.
Janićijević, Dejan T.
Đorđević, Aleksandar V.
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By building a branched state organization (administration, judiciary as well as their constitutional and legal basis) the Constitutionalist Regime (1838-1858) protected interests of commending oligarchy and bureaucracy loyal to it, through stifling the activity of progressing young urban bourgeoisie. A peasant, who became a conservative owner of the land, also wanted strong government and legitimacy in order to protect his private land ownership of requiring and robbery of the commanding oligarchy and bureaucracy. Judiciary primarily had the role of a protector of their interests but in the conditions of young and fragile statehood it manifested serious defects. Defects of the newly constitutionally introduced judiciary regulated by the law as an important element of the state organism manifested themselves in: overloaded courts, slow trials, nonprofessional, so to speak, layman staff, formalism, lack of regulations in the proceedings, accumulation of small cases, court clerks
acting like lawyers, etc. That's why the focus of the research, besides presenting three-level organization of judiciary, will be on its functioning and also explaining causes of shortages it manifested in this functioning with the special accent on court independency which could not be realized due to the observed defects.View More
Keywords:Pravosuđe; zakonitost; sudovi; ustavobranitelji; starešinska oligarhija; biroktatija