ON DUŠAN`S CODE FROM THE ASPECT OF CONSTITUTIONALITY

• Main Author: Ljiljana Slavnić
• Format: Article
• Language: English
• Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2009-04-01
• Series: Pravo
• Subjects: codification, legal code, the constitution, constitutional matter, the origin of the constitution, the restriction of the authorities, the application of the law, feudal state, rank monarchy
• Online Access: https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/353
• ISSN: 0352-3713; 2683-5711

The author contemplates various attitudes towards the legal character of Dušan`s code. She puts certain criteria for finding out whether this historic document can be ranged into legal acts and origins of constitutionality. In order to do that its contents is compared with standard constitutional matter, and its formal-legal characteristics are established (the procedure of bringing and legal power). Starting from the axioms and principles of constitutionality, but also from historic circumstances, it is concluded that, viewed through evolution, it is difficult to find the origins of constitutionality in this document. But, its historiccomparative value is in the fact that this document was an act of self-restriction of the authorities done willingly reaching a higher goal and that was the strengthening of the Serbian Middle Ages state on the legal basis.