THE CONSTITUTION OF SRETENJE (CANDLEMASS) - 175 YEARS LATER

Abstract

The author points to some dilemmas and stereotypes regarding the Serbian Constitution of Sretenje, adopted in 1835, which have been rooted deeply in Serbian literature and consciousness. He calls for their re-evaluation and offers new arguments as a starting point to encourage further research. The author is of the opinion that the Constitution of Sretenje should be treated as the first Serbian constitution, that it was not imposed on the Serbian Prince Miloš in the aftermath of the so-called Mileta’s revolt, but that he sincerely wanted to provide a constitution for the country and had ordered its drafting long before; he also wanted to preserve the Constitution, and he most certainly did not revel in the negative reactions of the Great Powers, because of which he had to suspend the Constitution unwillingly only six weeks after its adoption. The author tries to prove that Prince Miloš was in favor of adopting the Constitution not only for his personal benefit, but rather perceived it as an important instrument for creating national identity and independence. Furthermore, the author reexamines the stereotype of Dimitije Davidović as the main creator of the Sretenje Constitution, as well as the clichés related to the French influences on its adoption. Finally, he disagrees with the prejudice that law was an irrelevant factor in the process of the creation of national consciousness among Serbs, and points out the strong legislative efforts of the mid 30s of the XIX century, which were led exactly by this consciousness, and have brought about not only the first Serbian Constitution, but also the emergence of the Serbian Civil Code in 1844. Based on the aforementioned facts, the author concludes that there is still a wide area of unexplored questions for the upcoming young researchers, especially concerning the impact of the foreign legal systems on the creation of the Constitution.