Organizacija i funkcionisanje srpskog pravosuđa u vreme ustavobranitelja
Докторанд
Vidojković, Gordana M.Ментор
Ranđelović, Nebojša V.Чланови комисије
Nikolić, Dragan K.Mirković, Zoran
Janićijević, Dejan T.
Đorđević, Aleksandar V.
Метаподаци
Приказ свих података о дисертацијиСажетак
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 cler...ks 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.