1931 Yugoslav Constitution
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The 1931 Yugoslav Constitution, also known as September Constitution or Octroic constitution, was the second and final
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
of the
Kingdom of Yugoslavia The Kingdom of Yugoslavia ( sh-Latn-Cyrl, separator=" / ", Kraljevina Jugoslavija, Краљевина Југославија; sl, Kraljevina Jugoslavija) was a state in Southeast and Central Europe that existed from 1918 until 1941. From 191 ...
. It was issued by decree on September 3.


Background

Article 76 of the Constitution bans possession of firearms within by members of Parliament while in session, likely as a response to the fatal shooting by
Puniša Račić Puniša Račić ( sr-cyr, Пуниша Рачић; 12 July 1886 – 16 October 1944) was a Montenegrin Serb leader and People's Radical Party (NRS) politician. He assassinated Croatian Peasant Party (HSS) representatives Pavle Radić and Đuro B ...
of several members of the
Croatian Peasant Party The Croatian Peasant Party ( hr, Hrvatska seljačka stranka, HSS) is an agrarian political party in Croatia founded on 22 December 1904 by Antun and Stjepan Radić as Croatian Peoples' Peasant Party (HPSS). The Brothers Radić believed that t ...
in 1928. Tumult following the assassination led to the establishment of the
6 January Dictatorship The 6 January Dictatorship ( sr-cyr, Шестојануарска диктатура, Šestojanuarska diktatura; hr, Šestosiječanjska diktatura; sl, Šestojanuarska diktatura) was a royal dictatorship established in the Kingdom of Serbs, Croa ...
in 1929, under which the previous
Vidovdan Constitution The Vidovdan Constitution was the first constitution of the Kingdom of Serbs, Croats and Slovenes. It was approved by the Constitutional Assembly on 28 June 1921 despite the opposition boycotting the vote. The Constitution is named after the feast ...
was abrogated.


Structure

The Constitution consists of twelve chapters comprising 120 articles.


Parts

Chapter 1: General Provisions : Defines Yugoslavia as a
constitutional monarchy A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
, establishes the Yugoslavian coat of arms and
official language An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...
. Chapter 2: Elementary Rights and Duties of the Citizen : Provides the rights of equal protection,
petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offi ...
, and trial,
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...
,
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
, and
freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...
, bans
exile Exile is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circumstance or the rigors of some high purpose. Usually persons and peoples suf ...
and unreasonable
search and seizure Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confisca ...
, and provides for free, compulsory primary education. Chapter 3: Social and Economic Provisions : Guarantees
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
rights, permits
eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
with just compensation, allows the State to intervene in labour market "in a spirit of justice". Chapter 4: The Powers of the State :Divides
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive di ...
,
legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
, and
judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
powers; King owns executive power and shares legislative with a
bicameral Parliament Bicameralism is a type of legislature, one divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and ...
. Chapter 5: The King : King is
head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
and commander-in-chief, and holds the right of
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
and the right to dissolve Parliament with approval of Council of Ministers. Provisions for
majority A majority, also called a simple majority or absolute majority to distinguish it from related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Websterregency A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
consisting of his heir, if eligible, or three pre-appointed regents, if not. Chapter 7: Parliament :
Bicameral legislature Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...
: Senate with appointed and directly elected members, six-year terms, directly elected Chamber of Deputies with four-year terms. Near-universal
suffrage Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
for males at least 21. Bills introduced by King or one-fifth of either house, promulgated by King and Council of Ministers. Chapter 8: The Executive Power : Establishes borders of the nine ''banovinas''. King appoints and dismisses Ministers and '' Bans'', who are supreme governors of their respective ''banovinas''. Chapter 9: The Judicial Power : Civil matters among
Muslims Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
are decided by ''
sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
'' judges. Establishes
life tenure A life tenure or service during good behaviour is a term of office that lasts for the office holder's lifetime, unless the office holder is removed from office for cause under misbehaving in office, extraordinary circumstances or decides personal ...
. Chapter 10: Finances and Domain of the State : Parliament passes annual budgets. Minister of Finance administers State property. Chapter 11: The Army : Size of the
Army An army (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...
determined in budget process. Civilian request necessary for Army to maintain domestic order. Establishes
military courts Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodi ...
. Chapter 12: Modifications of the Constitution : Amendment process: King dismisses Parliament and calls for elections; newly elected Parliament must pass amendments by a vote of three-fifths of both houses. All laws but that establishing the
6 January Dictatorship The 6 January Dictatorship ( sr-cyr, Шестојануарска диктатура, Šestojanuarska diktatura; hr, Šestosiječanjska diktatura; sl, Šestojanuarska diktatura) was a royal dictatorship established in the Kingdom of Serbs, Croa ...
remain in force.


Duration

The force of the Constitution ended with the
invasion of Yugoslavia The invasion of Yugoslavia, also known as the April War or Operation 25, or ''Projekt 25'' was a German-led attack on the Kingdom of Yugoslavia by the Axis powers which began on 6 April 1941 during World War II. The order for the invasion was ...
by the
Axis powers The Axis powers, ; it, Potenze dell'Asse ; ja, 枢軸国 ''Sūjikukoku'', group=nb originally called the Rome–Berlin Axis, was a military coalition that initiated World War II and fought against the Allies. Its principal members were ...
, which began on 6 April 1941 and ended with the unconditional surrender of the
Royal Yugoslav Army The Yugoslav Army ( sh-Latn-Cyrl, Jugoslovenska vojska, JV, Југословенска војска, ЈВ), commonly the Royal Yugoslav Army, was the land warfare military service branch of the Kingdom of Yugoslavia (originally Kingdom of Serbs, ...
on 17 April, after which Yugoslavia was partitioned and annexed by the invading powers. Peter II fled to
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
. In 1944 the Prime Minister of his government-in-exile signed the
Treaty of Vis A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
, which promised a coalition Royalist- Partisan government after
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
. Irregular elections to a
constituent assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
on 11 November 1945 produced a great majority for the
Communist Party A communist party is a political party that seeks to realize the socio-economic goals of communism. The term ''communist party'' was popularized by the title of '' The Manifesto of the Communist Party'' (1848) by Karl Marx and Friedrich Engel ...
. The
1946 Yugoslav Constitution The 1946 Yugoslav Constitution, officially titled as the Constitution of the Federal People's Republic of Yugoslavia ( sr, Устав Федеративне Народне Републике Југославије; hr, Ustav Federativne Narodne ...
it produced abolished the
monarchy A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic ( constitutional monar ...
and superseded the 1931 Constitution.


References

{{Yugoslavia topics
Yugoslavia Yugoslavia (; sh-Latn-Cyrl, separator=" / ", Jugoslavija, Југославија ; sl, Jugoslavija ; mk, Југославија ;; rup, Iugoslavia; hu, Jugoszlávia; rue, label= Pannonian Rusyn, Югославия, translit=Juhoslavij ...
Yugoslav law 1931 in Yugoslavia Kingdom of Yugoslavia 1931 documents September 1931 events 1931 in law 1931 in politics