CONSTITUTIONAL ISSUE IN THE KINGDOM OF SERBIA DURING THE STOJAN NOVAKOVIĆ GOVERNMENT (1895-1896)

Abstract

The political situation in the Kingdom of Serbia was very tense after the abrogation of the Constitution of the year of 1888. In order to implement a reform of the political system in the Kingdom of Serbia, the cabinet of Stojan Novaković began a constitutional reform. The draft constitution of the year of 1896 was created due to a compromise between the Prime Minister and King Aleksandar Obrenović. Novaković agreed with the king that his government would draft a constitutional draft, which would then be considered by the king and the government at joint sessions, and later sent to the constitutional committee that would determine the final text of the constitutional draft. Regardless of the fact that it was envisaged that the constitutional draft would be drafted by the government, Novaković mostly did it alone. Legislative power was exercised by the king together with the People’s Representatives. Through responsible ministers, the king exercised executive power, and judicial power was exercised by the courts. A bicameral National parliament was envisaged, consisting of the National Assembly and the Senate. The right of legislative initiative belonged to the King and the National Assembly. For a law to enter into force, the consent of all three factors of the legislative branch was necessary. Due to the great resistance of the radicals and liberals, who did not want to allow the change of the Constitution to be carried out under the leadership of the weakest party in the country, the king was forced to postpone the constitutional reform. Protecting his interests, the king knowingly avoided the constitutional issue due to very unfavorable circumstances. Apparently, he could be convinced that the political parties did not agree on the constitutional reform and that the resolution of this issue had to be postponed.