Босански устав - "Штатут" из 1910.
Bosnian Constitution - "Štatut" of 1910
Abstract
За Босански
устав 1910, чија
је годишњица
била
2010, наши
преци
су, у недостатку
бољега,
живели,
борили
се и умирали.
Он је за
њих, као и данашњи
устав за нас, био знак слободе,
закона
и реда.
Зато
је
стогодишњица
овог Устава,
чији
су доносиоци
били
странци,
важна
и за
данашње
уставно
питање
у Босни
и Херцеговини.
Bosnian Constitution of 1910 was passed in difficult times and strained
inner and international circumstances. In such condition of a colonial
occupation and political organization on national and religious basis,
this constitution, as it was the case with all movements for liberation,
was not a product of a battle of the population with the foreigners
but was an “imposed compromise”. There did not exist any organized
national and political power for such kind of struggle. Those who were
present, like leaders of the newly arisen civic political groups, avoided
any action on side of the people, partly because of the feudal and clerical
interests. It was because of their class interests that they were adjustable
to the foreign authorities. The powers of opposition, like workers and
their movement, were at the beginnings of founding and organizing
themselves and lacked the support of the far numerous peasant masses
and contact with other progressive social forces.
This const...itution was imposed by foreign invader in form of the
“extraordinary” gift which did not satisfy the population because it served
to extinguish the revolutionary national fire. At the same time, it reflected
reactionary beliefs of the foreign aggressor and represented, formally, a
kind of progress while being, in fact, in its greater part, a confirmation
of the existing state formed in the long period of the occupational
absolutistic rule. B&H remained dependent on the Monarchy, with
bureaucratic Government which was in no way responsible to the Sabor,
which was national representative body of “little influence”, without
constituent initiative and with limited legislative functions. This is
why the Constitution of 1910, with its main regulations represented
a new form of the old absolutism and in its essence was an “illusion”.
Of utmost importance were Hungarian jealousy and fears that solving
of the Bosnian question would be followed by settling of the Yugoslav
issues. Also, the Austrians were suspicious of the population, especially
of the Serbs. Because of such politics, and, after the Constitution, the
problem of Bosnia and Herzegovina remained an “open wound”, said
in words of the very joint Minister of finances, Stefan Burijan, a longstanding
supreme chief of Bosnia and Herzegovina’s government.
Bearing in mind the “wound” which Bosnia and Herzegovina
experienced with the Constitution of 1910 in World War I, in order
that the Constitution of Deiton should not become a new “permanent
wound”, a new constitution should preserve the principles of Deiton. It
should, also, have “special connections” of not only of Republika Srpska
with Serbia but of Muslim-Croatian’s Federation with Croatia, too.
Also, both of them, as well as the State of Bosnia and Herzegovina have
similar or same ethnical and religious structure with those of Serbia,
Croatia and Montenegro. The State of Bosnia and Herzegovina, as well as
Republika Srpska and the Federation should involve in a struggle which
would suppress Serbian and Croatian separatism. It should, also, calm
the Bošnjaks and prevent possible pretensions of Serbia and Croatia on
Bosnia and Herzegovina. In this way, the new Constitution could have
a better future than the Constitution of Deiton, and, especially, the
Bosnian Constitution of 1910 have had.
Keywords:
Босна и Херцеговина / Босански устав / Беч / Пешта / Аустрија / Угарска / Срби / Муслимани / Хрвати / Босански сабор / Данило Димовић / Глигорије Јефтановић / Никола СтојановићSource:
Зборник за историју Босне и Херцеговине, 2012, 7, 301-319Publisher:
- Београд : Српска академија наука и уметности
Note:
- Recueil de l’histoire de bosnie et herzegovine, 7