Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 4, pp. 1559–1576
Language of the paper: Serbian
udk: 342.5:179.5(497.11)(091)
doi: 10.5937/zrpfns52-19925
Author:
Marko Pavlović, Ph.D., Full Professor
University of Kragujevac
Faculty of Law Kragujevac
mpavlovic@jura.kg.ac.rs
Abstract:
The article deals with oaths in the constitutions of the Principality and the Kingdom of Serbia, of the Kingdom of Serbs, Croats and Slovenes/Yugoslavia, of Yugoslav communist’s constitutions and of post communist’s constitutions of Republic of Serbia. In constitutions of the Principality and the Kingdom of Serbia, oaths were religious. Oaths in St. Vitus Constitution were religious also. However, in debates during the creation of this Constitution, there were many arguments against religious oath, but in favor of nonreligious affirmations. In the September Constitution (1931), the oath of representatives was nonreligious. In the communist constitutions the oaths were made according to yugoslav communist ideology. In the post-communist constitutions the oaths were shaped according to ideology of human rights. In some situations oath was given an exceptional importance. Firstly (1859), the oath of counsellors was the first step in building independent state; secondly (1920/21), the representative’s oath had the purpose to save monarchy; thirdly, presidential oath in the last Serbian Constitution (2006) was as important as guardian of part of state’s territory (Kosovo i Metohija).
Keywords:
oath, God, affirmation, King, MPs