Čedomir Čupić, OD FEDERACIJE KA KONFEDERACIJI – Ustav SFRJ iz 1974. (11-30) Download
ABSTRACT: This paper analyses the relation of the birth of states—unitary, federal, and confederal—towards the constitutions of the First and Second Yugoslavia, especially the 1974 SFRY Constitution. It presents federal and confederal systems established in the world during the 18th, 19th, and 20th centuries. It problematises the relation of federalism with unitarism and confederalism, i.e. the consequences for states’ survival and development of those federations leaning towards unitarism and of those leaning towards confederalism. It emphasises two types of federalism: American and Swiss. It also analyses federalisms established on ethnic and civic bases. The first Yugoslavia was established on ethnic principle and unitarism, while near its end it initiated the federalisation. The second Yugoslavia was—being a federation—established on an ethnic principle and federalism, which initially had the characteristics of unitarism, but evolved towards confederalism. The 1974 Constitution is essentially a constitution with confederalism dominating within federalism. The paper also analyses the constitutionality of Yugoslavia, i.e. its two levels: political and legal. An overview of the emergence and development of Yugoslav idea is given, as well as of the creation of Yugoslavia, with arguments for and against. The rationale for Yugoslavia’s confederal constitution in the 1990s is given, for the sake of preserving the state and avoiding the internal ethnic and religious conflicts which led to civil war. Finally, the paper outlines part of the problems faced by the current post-Yugoslav unitary states.
Slobodan Lakić, POLITEKONOMSKI KONTEKST USTAVA IZ 1974. GODINE (31-72) Download
ABSTRACT: The formalization of earlier political decisions through a new concept of federalism, close to the confederal model of state organization, defined the paradigm of the federalist structure of the SFRY. A spectrum of internal and international politico-economic factors formed the framework within which the economic cause-and-effect transmission mechanism should be considered, primarily under the conditions of visible economic lag. However, based on unattainable original solutions, the Constitution emphasized the national aspirations of the federation’s entities by derogating the foundations of Yugoslav federalism, with a tendency to relativize the issue of economic development in the context of more pronounced pluralism of interests and varying degrees of development. We accept the view that the new constitutional system likely aimed to preserve the state, rather than serving as a foundation for its disintegration. Consequently, the accelerating political and economic crises were not significantly determined by constitutional solutions as much as by the negative continuity of the complex Yugoslav historical process and the long-term inefficiency of the Yugoslav economy.
Petar Šturanović, FEDERALIZAM PO USTAVU SFRJ IZ 1974. GODINE (73-82) Download
ABSTRACT: The author discusses the nature, organization, and concept of the Socialist Federal Republic of Yugoslavia’s 1974 Constitution. He examined the peculiar federal state structure that the constitution created, pointing out the presence of confederal-style constitutional clauses that, along with the absence of political pluralism, constituted a barrier to the fundamental realization of federalism as a concept of state structure. He points out that the required constitutional consensus gave the right to veto to the republics as well as to the provinces (which became a constitutive element of the federation), which led to a blockage in the decision-making process and acted as a trigger for institutional and constitutional crises. The author notes that, contrary to the purpose of bicameralism in federal states, which implies that the parliamentary chambers represent federal units and citizens, in this case, republics or provinces, and not citizens, were represented in both chambers of the federal parliament. Due to a confluence of constitutional provisions, the Assembly of the SFR Yugoslavia was not superior to the assemblies of the republics and provinces in a hierarchical sense. As a result, it essentially became a forum for agreements and negotiations between the delegations from the republics and provinces. Finally, it is concluded that the Constitution of the SFR Yugoslavia of 1974 generated a number of dysfunctionalities and did not contribute to the internal integration of the state, but that it cannot be considered as a key reason for its dissolution.
Матија Р. Стојановић, УСТАВ СФРЈ ОД 1974. И УСТАВНИ (ДИС)КОНТИНУИТЕТИ НА ТЕРИТОРИЈИ (БИВШЕ) ЈУГОСЛАВИЈЕ (83-100) Download
APSTRACT: This article analyzes the continuity of the Socialist Federal Republic of Yugoslavia (as defined by the 1974 Constitution of the SFRY) with the later former Yugoslav republics. In this regard, the article will present the process of revising the 1974 Constitution of the SFRY and the extent to which the federal republics of the SFRY, when adopting new constitutions in the early 1990s (and gaining independence), acted in accordance with its provisions. In doing so, the paper will pay special attention to the issue of constitutional and state continuity of the newly formed republics in relation to the SFRY, in particular by presenting the opposing conceptions of the internal and international legal continuity of the Federal Republic of Yugoslavia (FRY) and the SFRY. Finally, the author will present how the acceptance of the international legal position on the lack of continuity of the FRY with the SFRY accelerated the process of disintegration of the FRY itself.
Будимир Алексић, УСТАВ СФРЈ ИЗ 1974. ГОДИНЕ – ЧИНИЛАЦ ДЕЗИНТЕГРАЦИЈЕ ЈУГОСЛАВИЈЕ (101-116) Download
ABSTRACT:The paper analyzes the SFRY constitution from 1974 from the aspect of its role in breaking up Yugoslavia. The analysis showed that that constitutional project represented a victory for the nationalist and separatist forces of the republics and provinces and that it marked the beginning of the disintegration of the Yugoslav state. It enabled the further strengthening of the independence of the republics and provinces, and also led to the weakening of Yugoslav unity, the parcelization of the economy and the undermining of Yugoslavia as a common state. The paper is written on the basis of historiographical literature and autobiographical sources.
Jelisaveta Blagojević, O USTAVU 1974 U CRNOGORSKOM PARLAMENTU: KROZ AUTORITARNO ODLUČIVANJE U „SAMOUPRAVNU DEMOKRATIJU“ (117-134) Download
ABSTRACT: The aim of this paper is to examine the closed nature, rigidity, and authoritarianism of the socialist regime under the leadership of the League of Communists of Yugoslavia by analyzing the course, dynamics, and outcomes of specific parliamentary debates within the five-chamber Assembly of the Socialist Republic of Montenegro (SR Montenegro) during the adoption of the Constitution of the Socialist Federal Republic of Yugoslavia (SFRY) and the Constitution of the SR Montenegro. For the purpose of this analysis, there is employed the historiographical method, the case study method—focusing on the process of adopting constitutional solutions in 1974 within the Montenegrin parliament—and content analysis of verbatim records of the proceedings of the Montenegro’s Assembly as the primary source of information. A particular emphasis is placed on the discussion of the Draft Constitution of the SFRY during the eleventh joint session of all chambers of the Assembly of SR Montenegro on October 2, 1973. Additionally, the study provides an overview of the debates regarding the approval of constitutional amendments to the SFRY Constitution, which took place in separate sessions of all SR Montenegro’s Assembly chambers in October 1972, as well as the initiation of amendments to the Constitution of the SR Montenegro during the ninth joint session of all chambers on March 30, 1972. In these sessions, when conclusions and opinions on the debated matters were adopted, there were no votes against, no abstentions, and only a few instances of differing perspectives being expressed.
Radenko Šćekić, PRAVNO-POLITIČKI EKSPERIMENTI I POSLEDICE USTAVA IZ 1974. GODINE (135-152) Download
ABSTRACT: The Constitution of the SFRY from 1974 represented yet another in a series of social experiments, through which the then communist authorities aimed to transform the federation into a confederation and elevate it to a higher advanced level of the social system of Yugoslav socialism. By the end of the eighties, during the collapse of communism in Europe and the disappearance of the existing bloc divisions in the world, the internal political crisis in the SFRY is becoming more pronounced, as both internal and external, global factors and reasons for its state integration, as well as its very existence, have begun to disappear. The Constitution from 1974 laid the foundations for the dissolution and bloody disintegration of the second Yugoslavia. The consequences of such a legal experiment are visible and felt even half a century later. The goal of the work is to highlight the detrimental foundation created by the then-communist regime through the analysis of legal and political experiments from 1946 to 1974. points to the destructive foundation created by the then communist regime, which contributed to the dissolution of the second Yugoslavia. In order to analyze the given topic, a historiographical method was used, along with a case study method concerning the introduction of Self-Management and the adoption of the Constitution in 1974. Relevant literature and stenographic records from parliamentary sessions during the given period were used.
Љубомир З. Поповић, НЕКИ ПОГЛЕДИ СОВЈЕТСКЕ И РУСКЕ ИСТОРИОГРАФИЈЕ НА УСТАВ СФР ЈУГОСЛАВИЈЕ ИЗ 1974. ГОДИНЕ (153-178) Download
ABSTRACT: The main goal of this article is to present some views of Soviet and Russian (after 1991) historiography on the Yugoslav Constitution of 1974, as well as, more broadly, on the events and processes in SFR Yugoslavia that preceded and followed the adoption of this highest legislative act. . Chronologically, the work covers the period of the Soviet era, the period of the 1990s and the first decades of the 21st century. Thematically, the work touches on several directions through which Soviet/Russian historians reviewed the Constitution of the SFRY from 1974: the history of socialist Yugoslavia, the history of the Yugoslav crisis, and the history of the states that emerged after the breakup of Yugoslavia. The focus was mainly on currently available monographic publications, textbooks and collections of works, while a more complete research of this topic would certainly in itself imply a broader and more in-depth approach of the character of a study or monograph, taking into account also scientific articles, reports, reviews, reviews, dissertations and other publications.
Danilo Kalezić, IMPACTS OF THE 1974 CONSTITUTION ON MONTENEGRIN STATEHOOD (179-182) Download
ABSTRACT: The 1974 Yugoslav Constitution played a pivotal role in shaping Montenegro’s path towards statehood by granting significant autonomy to the republics within the Yugoslav federation. This constitutional change had far-reaching implications for Montenegro’s political, economic, and cultural development. The article examines how increased self-governance reinforced Montenegro’s political identity and administrative capabilities, allowing for greater control over internal affairs, economic policies, and cultural institutions. Despite being one of the least developed republics, Montenegro experienced rapid industrialization and the establishment of key educational and scientific bodies during this period. The constitutional framework also contributed to a slight increase in Montenegrin national identification. While independence was not an immediate goal, the experience of autonomy under the 1974 Constitution laid the groundwork for Montenegro’s eventual push for sovereignty. The article argues that this period of increased autonomy was crucial in nurturing the institutional and political structures necessary for Montenegro’s later Independence Referendum of 2006.
Aleksandar Ćuković, USTAV SFRJ IZ 1974. GODINE NA STRANICAMA POBJEDE (183-192) Download
ABSTRACT: This paper examines the reporting of Pobjeda—the only daily newspaper at the time, which also served as the official organ of the Socialist Alliance of the Working People (SSRN)—immediately before and after the adoption of the 1974 Constitution of the Socialist Federal Republic of Yugoslavia (SFRY). The primary objective is to analyze the newspaper’s approach to reporting and its treatment of issues related to the constitutional adoption process in the Socialist Republic of Montenegro (SR Montenegro). Additionally, the paper focuses on Pobjeda’s coverage of the adoption of the SR Montenegro Constitution, as these processes were closely interconnected. The main goal is to comprehensively assess and identify the phases of reporting, as well as to synthesize the key constitutional issues that received the most attention in Montenegro’s only printed daily newspaper at the time.
Иван С. Радуловић, ИСТОРИЈСКИ ОКВИР УСТАВНИХ РЕШЕЊА У СФРЈ У ДЈЕЛУ МИЛОРАДА ЕКМЕЧИЋА (193-202) Download
ABSTRACT: Milorad Ekmečić did not focus his scientific work on the history of Socialist Yugoslavia, but he touched on topics from its history. He outlined several turning points in its development. The Informburo Resolution, the turn towards the confederalization of Yugoslavia, industrialization and the outbreak of nationalism are the framework in which laws and constitutions with amendments were passed, culminating in the 1974 constitution. He saw a significant impact on socio-historical development in the interests of the great powers and their competition for influence in the area of Central Europe and the Balkans. Two leaders of the SFRY, Josip Broz Tito and Edvard Kardelj, who was the main drafter of the Yugoslav constitutions, acted within this framework. Kardelj’s views on the future of Yugoslavia, expressed in his works, also had a significant influence on the constitutional solutions of the 1963 and 1974 constitutions.
Андрија Мировић, ПОГЛЕД ПРОФЕСОРА ПРАВНОГ ФАКУЛТЕТА УНИВЕРЗИТЕТА У БЕОГРАДУ НА УСТАВНЕ АМАНДМАНЕ 1971. ГОДИНЕ (203-218) Download
ABSTRACT: Three groups of amendments were adopted to the constitution of the Socialist Federal Republic of Yugoslavia from 1963. The biggest changes followed the adoption of the third group of amendments from 1971. The group of professors of the Faculty of Law in Belgrade clearly understood what these changes bring with them. Concerned about the situation in Yugoslavia, they organized a scientific meeting where they discussed the proposed amendments. Mihailo Djuric stood out as a leader among professors. Because of the article ,,Smisljene smutnje”, the communist authorities sentenced him to two years in prison. The main point of criticism that this group sent to the authorities that proposed these amendments is that Yugoslavia will become a confederation from the federation. These amendments, and later the Constitution that will be adopted based on them, enable the secession of the republics. Serbia will have the biggest problems, both because of the large number of Serbs who will remain living outside its borders and because it is the only republic that has autonomous provinces on its territory.
Budimir Damjanović, UTICAJ USTAVA IZ 1974. GODINE NA STABILNOST SFRJ I POLITIČKE PROMJENE NAREDNIH DECENIJA (219-226) Download
ABSTRACT: The Constitution is the greatest legal document of a country that regulates the state organization, the powers of state bodies, the freedoms and rights of citizens among other things. Respecting the Constitution is a direct condition for the existence of the legal state. No one’s power or authority cannot be above those regulated by the Constitution. This paper discusses the Constitution of the Socialist Federal Republic of Yugoslavia from 1974, how it influenced the stability of the SFRY and the political changes of the following decades. The paper highlights the role of Josip Broz Tito as an undisputed state and party leader, as well as the influence of his personality on the political situation in Yugoslavia immediately before and after his death.
Saša Radunović, DRUŠTVENO-POLITIČKA DEŠAVANJA U SFRJ UOČI IZGLASAVANJA USTAVA 1974. GODINE (227-231) Download
ABSTRACT: By adopting the Constitution in 1974, the SFRY remained de jure a federal state, but de facto became confederal, with a significantly weakened federal center and the removal of the majority of its functions from the jurisdiction of the central authority, delegating them to the level of the republics, and to a slightly lesser extent, the provinces, thereby significantly altering the nature of the state in terms of its form political and economic system. This paper highlights the socio-political framework that preceded the voting on the Constitution.