Original scientific paper
Separation of administration and judiciary in Croatia 1874: institutional, interests and comparative aspect
Dalibor Čepulo
; Faculty of Law, Univesity of Zagreb, Zagreb, Croatia
Abstract
The principl of separation between the judiciary and the administration was for the first time introduced into the Habsburg Monarchy by the granted March Constitution of 1849 and had been in a limited scope maintained during the period of neo-absolutism and the limited constitutionality of the fifties and the sixties. In the autonomous Croatian legislation a separation of the judiciary and the administration was introduced by the Law on Judiciary of 1874. That Law was a somewhat more restrictive variation of the Austrian Law on Judiciary of 1867 and has reflected both the German and the French influence. The primary aim of that legislation had been the establishment of a rational organization of the judiciary and the administration in Croatia, as a base for a modem autonomous legal infrastructure, but a political dimension was also of significarne since the separation of the judiciary and the administration had been among the conditions for inclusion of the Military Frontier into the civil Croatia. This brief and entirely principal piece of legislation had: declared a separation of the judiciary and the administration, confirmed the state monopoly onto judiciary, established an array of guarantees of judicial independance (regulation of ail organizational and other important questions by law, incompatibility, appointment for life and a protection of stability on a position, requirement of expert qualifications for judges), excluded the judicial review of constitutionality but enabled the judicial review of a legality of the ordinances and the judicial protection in administrative cases. The question of judicial review of the ordinances was of aparticular significance, since the authority of the Home Government to issue ordinances has not been regulated in Croatia and the administrative judiciary had not existed, but the administrative court protection had existed on the tier of the common Croatian-Hungarian competences before the Administrative Court in Budapest.
Keywords
séparation of power; legal history; 19th Century
Hrčak ID:
197669
URI
Publication date:
8.6.1999.
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