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==Main provisions== |
==Main provisions== |
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In the [[preamble]], [[Kosovo]] is defined as an integral part of [[Serbia]] with substantial autonomy; the first article then defines Serbia as "''[[Nation state|''the state of the Serbian people]] and all its citizens"''. It also defines Serbia as an [[independent state]] for the first time since 1918. |
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Among the constitution's two hundred other articles are guarantees of [[Human rights|human]] and [[minority rights]], abolishment of [[capital punishment]], and banning of [[human cloning]]. It also grants a small degree of autonomy for the province of [[Vojvodina]]. It assigns the [[Serbian Cyrillic]] alphabet as the official script, while making provisions for the use of minority languages at local levels.<ref>{{cite web|url=http://www.b92.net/info/dokumenti/index.php?nav_id=213697|title=Šta donosi predlog novog ustava Srbije|publisher=[[B92]]|language=Serbian|date=30 September 2006}}</ref> Among the differences between the current and previous constitution are: |
Among the constitution's two hundred other articles are guarantees of [[Human rights|human]] and [[minority rights]], abolishment of [[capital punishment]], and banning of [[human cloning]]. It also grants a small degree of autonomy for the province of [[Vojvodina]]. It assigns the [[Serbian Cyrillic]] alphabet as the official script, while making provisions for the use of minority languages at local levels.<ref>{{cite web|url=http://www.b92.net/info/dokumenti/index.php?nav_id=213697|title=Šta donosi predlog novog ustava Srbije|publisher=[[B92]]|language=Serbian|date=30 September 2006}}</ref> Among the differences between the current and previous constitution are: |
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*Marriage is defined as the "union between a man and a woman" |
*Marriage is defined as the "union between a man and a woman" |
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==Kosovo== |
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The constitution defines the [[Autonomous Province of Kosovo and Metohija]] as an integral part of [[Serbia]], but with "substantial autonomy". Under the opinion of the [[Venice Commission]] in respect to ''substantial autonomy'' of Kosovo, an examination of The Constitution makes it clear that this fundamental autonomy is not at all guaranteed at the constitutional level, as the constitution delegates almost every important aspect of this autonomy to the legislature.<ref>{{cite web|url=http://venice.dctnet.coe.int/docs/2007/CDL-AD(2007)004-e.pdf|title=Opinion on the Constitution of Serbia|publisher=[[Venice Commission]]|date=17/18 March 2007|accessdate=23 January 2013}}</ref> |
The current constitution defines the [[Autonomous Province of Kosovo and Metohija]] as an integral part of [[Serbia]], but with "substantial autonomy". Under the opinion of the [[Venice Commission]] in respect to ''substantial autonomy'' of Kosovo, an examination of The Constitution makes it clear that this fundamental autonomy is not at all guaranteed at the constitutional level, as the constitution delegates almost every important aspect of this autonomy to the legislature.<ref>{{cite web|url=http://venice.dctnet.coe.int/docs/2007/CDL-AD(2007)004-e.pdf|title=Opinion on the Constitution of Serbia|publisher=[[Venice Commission]]|date=17/18 March 2007|accessdate=23 January 2013}}</ref> |
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However, at the time that Serbia conquered Kosovo (in 1912-1913), the 1903 constitution was still in force. This constitution required a Grand National Assembly before Serbia's borders could be expanded to include Kosovo; but no such Grand National Assembly was ever held. Constitutionally, Kosovo should not have become part of Serbia.<ref>{{cite book|last=Malcolm|first=Noel|title=Kosovo: A Short History|year=1999|publisher=Harper Perennial|isbn=978-0-06-097775-7}}</ref> |
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===Official language and alphabet=== |
===Official language and alphabet=== |
Revision as of 20:00, 6 June 2013
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The current Constitution of Serbia was adopted on 8 November 2006, replacing the previous constitution dating from 1990.[1]
The Constitution contains a preamble, 206 articles, 11 parts, and no amendments.
Main provisions
Among the constitution's two hundred other articles are guarantees of human and minority rights, abolishment of capital punishment, and banning of human cloning. It also grants a small degree of autonomy for the province of Vojvodina. It assigns the Serbian Cyrillic alphabet as the official script, while making provisions for the use of minority languages at local levels.[2] Among the differences between the current and previous constitution are:
- Only private, corporate and public property is acknowledged; social assets shall cease to exist.
- Foreign citizens are permitted to own property.
- Reappointment of judges
- The constitution mentions "European values and standards" for the first time.
- Full independence is granted to the National Bank of Serbia.
- As part of a process of decentralization, the granting of municipal properties' ownership rights to local municipalities.
- The province of Vojvodina is granted economic autonomy.
- The adoption of the national anthem, Bože pravde (God of Justice).
- Special protection for the rights of consumers, mothers, children and minorities.
- Greater freedom of information.
- Marriage is defined as the "union between a man and a woman"
Kosovo
The current constitution defines the Autonomous Province of Kosovo and Metohija as an integral part of Serbia, but with "substantial autonomy". Under the opinion of the Venice Commission in respect to substantial autonomy of Kosovo, an examination of The Constitution makes it clear that this fundamental autonomy is not at all guaranteed at the constitutional level, as the constitution delegates almost every important aspect of this autonomy to the legislature.[3]
However, at the time that Serbia conquered Kosovo (in 1912-1913), the 1903 constitution was still in force. This constitution required a Grand National Assembly before Serbia's borders could be expanded to include Kosovo; but no such Grand National Assembly was ever held. Constitutionally, Kosovo should not have become part of Serbia.[4]
Official language and alphabet
The constitution assigns the Serbian language and the Serbian Cyrillic alphabet as the official language and alphabet in use, respectively. The previous constitution assigned Serbo-Croatian as the official language, and both Cyrillic and Latin as the official alphabets in use.
History
Serbia has adopted 11 constitutions throughout its history.[5] Listed below in order of year adopted:
- 1835 (First Serbian constitution)
- 1838
- 1869
- 1888
- 1901
- 1903
- 1947
- 1963
- 1974
- 1990
- 2006 (Current constitution)
See also
References
- ^ "Rare unity over Serb constitution". BBC News. 30 October 2006.
- ^ "Šta donosi predlog novog ustava Srbije" (in Serbian). B92. 30 September 2006.
- ^ "Opinion on the Constitution of Serbia" (PDF). Venice Commission. 17/18 March 2007. Retrieved 23 January 2013.
{{cite web}}
: Check date values in:|date=
(help) - ^ Malcolm, Noel (1999). Kosovo: A Short History. Harper Perennial. ISBN 978-0-06-097775-7.
- ^ Serbian Constitutional History Part I