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, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

of the

Kingdom of Yugoslavia The Kingdom of Yugoslavia was a country in Southeast Europe, Southeast and Central Europe that existed from 1918 until 1941. From 1918 to 1929, it was officially called the Kingdom of Serbs, Croats, and Slovenes, but the term "Yugoslavia" () h ...

. It was issued by decree on September 3.

Background

Article 76 of the Constitution bans possession of firearms within Parliament while it is 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, Serb leader and People's Radical Party (NRS) politician. He assassinated Croatian Peasant Party (HSS) representatives Pavle Radić and Đ ...

of several members of the

Croatian Peasant Party The Croatian Peasant Party (, HSS) is an agrarianism, agrarian List of political parties in Croatia, political party in Croatia founded on 22 December 1904 by Antun Radić, Antun and Stjepan Radić as Croatian Peoples' Peasant Party (HPSS). The ...

in 1928. Tumult following the assassination led to the establishment of the

6 January Dictatorship The 6 January Dictatorship ( sr-Cyrl-Latn, Шестојануарска диктатура, Šestojanuarska diktatura; ; ) was a royal dictatorship established in the Kingdom of Serbs, Croats and Slovenes (Kingdom of Yugoslavia after 1929) by ...

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 Constitutional monarchy, also known as limited 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 making decisions. ...

, establishes the Yugoslavian coat of arms and

official language An official language is defined by the Cambridge English Dictionary as, "the language or one of the languages that is accepted by a country's government, is taught in schools, used in the courts of law, etc." Depending on the decree, establishmen ...

. 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 an officia ...

, and trial,

freedom of religion Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...

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 rights, right to freedom of expression has been r ...

, 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 membe ...

, bans

exile Exile or banishment 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 unreasonable

search and seizure Search and seizure is a procedure used in many Civil law (legal system), 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 ...

, 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, re ...

rights, permits

eminent domain Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and t ...

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 dir ...

legislative A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers ...

, 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 that is 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 ...

. Chapter 5: The King : King is

head of state A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 "

he head of state He or HE may refer to: Language * He (letter), the fifth letter of the Semitic abjads * He (pronoun), a pronoun in Modern English * He (kana), one of the Japanese kana (へ in hiragana and ヘ in katakana) * Ge (Cyrillic), a Cyrillic letter cal ...

being an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...

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 is more than half of a total; however, the term is commonly used with other meanings, as explained in the "#Related terms, Related terms" section below. It is a subset of a Set (mathematics), set consisting of more than half of the se ...

and inheritance. Chapter 6: The Regency : If the king is incapacitated or a minor, his power is exercised by a

regency In a monarchy, a regent () is a person appointed to govern a state because the actual monarch is a minor, absent, incapacitated or unable to discharge their powers and duties, or the throne is vacant and a new monarch has not yet been dete ...

consisting of his heir, if eligible, or three pre-appointed regents, if not. Chapter 7: Parliament :

Bicameral legislature Bicameralism is a type of legislature that is 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 ...

: 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 () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...

are decided by ''

sharia Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...

'' 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 decides personally to resign or is removed from office because of misbehaving in office or due to extraordina ...

. 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, ground force or land force is an armed force that fights primarily on land. In the broadest sense, it is the land-based military branch, service branch or armed service of a nation or country. It may also include aviation assets by ...

determined in budget process. Civilian request necessary for Army to maintain domestic order. Establishes

military courts A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the arme ...

. 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

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, was a Nazi Germany, 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 put fo ...

by the

Axis powers The Axis powers, originally called the Rome–Berlin Axis and also Rome–Berlin–Tokyo Axis, was the military coalition which initiated World War II and fought against the Allies of World War II, Allies. Its principal members were Nazi Ge ...

, 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 principal Army, ground force of the Kingdom of Yugoslavia. It existed from the establishment of ...

on 17 April, after which Yugoslavia was partitioned and annexed by the invading powers. Peter II fled to

England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

. 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 sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...

, which promised a coalition Royalist-

Partisan Partisan(s) or The Partisan(s) may refer to: Military * Partisan (military), paramilitary forces engaged behind the front line ** Francs-tireurs et partisans, communist-led French anti-fascist resistance against Nazi Germany during WWII ** Ital ...

government after

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

. 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. The

1946 Yugoslav Constitution The 1946 Yugoslav Constitution, officially titled as the Constitution of the Federal People's Republic of Yugoslavia ( sh-Cyrl-Latn, separator=" / ", Устав Федеративне Народне Републике Југославије, Usta ...

it produced abolished the

monarchy A monarchy is a form of government in which a person, the monarch, reigns as head of state for the rest of their life, or until abdication. The extent of the authority of the monarch may vary from restricted and largely symbolic (constitutio ...

and superseded the 1931 Constitution.

References

{{Yugoslavia topics

Yugoslavia , common_name = Yugoslavia , life_span = 1918–19921941–1945: World War II in Yugoslavia#Axis invasion and dismemberment of Yugoslavia, Axis occupation , p1 = Kingdom of SerbiaSerbia , flag_p ...

Law of Yugoslavia 1931 in Yugoslavia Kingdom of Yugoslavia 1931 documents September 1931 in Europe 1931 in law 1931 in politics