Election Law as Materia Constitutionis– an Example of the 1888 Constitution

Aleksa M. Damjanovic
2022 Vesnik pravne istorije  
As a standard source of constitutional law, the constitution usually contains basic provisions on the electoral system. However, constitutions sometimes regulate the electoral issues in more detail. An example of such a constitution in the constitutional history of Serbia is the Constitution of the Kingdom of Serbia of 1888. This paper will analyse the provisions of the 1888 Constitution regarding the electoral system. Having this in mind, the aim of this paper is: 1) to present and analyse the
more » ... provisions in this constitution that regulate the electoral system, and to group them according to the appropriate institutions of election law; 2) to point out the unusually large number of provisions about the electoral system in this constitution and explain the reasons for that; 3) to present the reasons for making certain solutions at some of the institutions of election law. Provisions on election law will be classified according to the following institutions: the basic principles of the electoral system, constituencies and the number of MPs, active and passive suffrage, voting by lists, qualified MPs, electoral administration, election periods and subsequent elections, distribution of mandates.
doi:10.51204/hlh_22102a fatcat:ft5vndidkjfgjnhhdiy5axtiwq