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4 Facta Universitatis, Series: L. & Pol. 1 (2006)

handle is hein.journals/fauvisie4 and id is 1 raw text is: FACTA UNIVERSITATIS Series: Law and Politics Vol. 4, N°1, 2006, pp. 1 - 14 JUDICIARY IN SERBIA FROM MID 19th TO EARLY 20th CENTURY UDC 347.99 (497.11) 18 19 Dragan Nikolik Faculty of Law, Nis Abstract. In this paper, the author mostly uses the language of the legislator to discuss the development of the judiciary in Serbia from mid 19th to early 20h century. Such an approach has been chosen because by 1838 Constitution Serbian judiciary had not been based on any strong constitutional or legal framework. The organization of the judiciary was practically shaped and developed for this first time through legislation. Without a clear distinction between the executive and the judiciary by mid 19th century, in the thirty years that followed, in which state, judicial, and political institutions developed, Serbia passed the long way to reach some accepted values of developed European countries of the time, such as independent judiciary and permanent position of judges. Serbia entered the 20h century with a fully developed judiciary which was based on constitutional and legal principles identical or similar to the European countries of the time, even though, contrary to Serbia, those countries had built their judiciaries for a few consecutive centuries. Key words: legal history, Serbia, legislation, courts, judges, attorneys. 1. 1838 CONSTITUTIONAL FRAMEWORK Due to the specific circumstances in which it originated, the 1838 Constitution is known as the Turkish constitution. It was passed as a Sultan's edict and was endowed to the resi- dents of the province of Serbia. In its articles 30-42, this document quite comprehensively covered the organization of the judiciary'. Three courts were established in Serbia. The first one was founded in the villages, made of local leaders, known as the primary court. The sec- ond one was the first-instance court in each of the 17 districts that Serbia consisted of. The third one was the Court of Appeals, whose seat was in the capital. The primary (village) court2 was located in each village, and it had a president and two members elected by the locals. The court was to decide in disputes amounting to up Received February 18, 2008 Constitutions of the Princedom and Kingdom of Serbia, SANU, Belgrade, 1988, 69-79. (Ustavi Knezevine i Kraljevine Srbije) hereinafter: Serbian Constitutions 2 Originally primiritelni sud, roughly translates from Russian as a primary court. (translator's remark).

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