Original scientific paper
Building up of the modern Croatian judiciary 1848 - 1918
Dalibor Čepulo
Abstract
The article deals with the process of transformation of the Croatian judicial system from the feudal to rational and modern judiciary in the Kingdom of Croatia and Slavonia, including the process of integration of the judiciary of the Military Border into the Croatian judicial system. All stages of development with their basic institutional determinants and political and social conditions are reconstructed. The process of development is examined as being conditioned by internal and external factors. Among the internal factors, previous tradition and the real state of Croatian institutions, the system of education as well as political interests are significant. Among the external factors, the most important are the Vienna and Budapest centres. Almost all external institutional and doctrinal influences come through the Vienna centre, and in particular stages of development it has a decisive political role as well. On the other hand, the Budapest centre acts by imposing political restrictions. During the development of the Croatian judiciary, the archaic model was abandoned, and the new structure was mainly built upon the influence of the Austrian models adjusted to Croatian circumstances. It is interesting that some of the models taken over from the Austrian system proved to be very successful (Ortsgerichte, i.e. local court), while the others failed to take real root in spite of the initial enthusiasm for them (jury court). In the development of the Croatian judiciary, the political factor was of major significance, while the development itself was not linear and its greatest achievement was in the 1870s. Institutional prerequisites for the development of the relatively independent judiciary were postulated then, but they were abolished after 1885 under the indirect political influences from Budapest. Only after 1906, the Croatian judiciary began reaching the standards of independence set in the 1970s. With regard to the domination of political factors, the Croatian judiciary neither in respect of regulation nor of reality managed to reach the degree of independence as the judiciary in independent European countries of developed legal tradition. Therefore, the Croatian judiciary could hardly have the significance and role in the development of the Croatian legal culture as the judiciary in these countries, particularly in the sense of the impact on the stabilisation of legal and political relations, development of legal security, belief in independence and impartiality of the judiciary and the corresponding influence on the development of legal mind.
Keywords
Croatian judiciary; Kingdom of Croatia and Slavonia; autonomy; modernisation
Hrčak ID:
5113
URI
Publication date:
20.4.2006.
Visits: 5.885 *