NOMINALNOST USTAVA SFRJ IZ 1974. GODINE : Norme i stvarnost

Abstract

The Constitution of the Socialist Federal Republic of Yugoslavia of 1974 was a key document in shaping the political and legal system of the Federation. Formally based on the principles of decentralization, autonomy, the right to self-determination, and socialist self-management, this constitution was conceived as a guarantor of the equality of all Yugoslav peoples, republics, and provinces. However, practice has pointed out significant discrepancies between the declared norms and their implementation, making the Constitution nominal in key aspects. Self-management, as the foundation of the socialist order, was formally promoted as a mechanism for strengthening the role of workers and citizens in decision-making. However, the political dominance of the League of Communists of Yugoslavia limited its actual application, making it declarative and legally ineffective. Similarly, the right to self-determination, the decentralization of power, and the autonomy of the provinces were formally designed to ensure the stability of the federation, but, in the context of political realities, they often provoked legal and political conflicts. The paper deals with the key question: could the constitutional text have been the reason for the destabilization and disintegration of Yugoslavia, or did the inconsistencies arise from the (non)application and different interpretations of constitutional norms? Through the analysis of key provisions on the decentralization of power, autonomy of the provinces, the right to self-determination and self-management, as well as through the presentation of the views of prominent legal theorists, the paper examines the causes of legal uncertainty and political tensions that led to the destabilization of the federation.