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1974 Yugoslav Constitution

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1974 Yugoslav Constitution

The 1974 Yugoslav Constitution was the fourth and final communist state constitution of the Socialist Federal Republic of Yugoslavia. It came into effect on 21 February 1974.

With 406 original articles, the 1974 constitution was one of the longest constitutions in the world. It added elaborate language protecting the self-management system from state interference and expanding representation of republics and provinces in all electoral and policy forums. The Constitution called the restructured Federal Assembly the highest expression of the self-management system. Accordingly, it prescribed a complex electoral procedure for that body, beginning with the local labor and political organizations. Those bodies were to elect commune-level assemblies, which then would elect assemblies at province and republic level; finally, the latter groups would elect the members of the two equal components of the Federal Assembly, the Federal Chamber and the Chamber of Republics and Provinces.

Although the new constitution dealt with the codification of the socio-economic system towards the achievements of the theory of self-management socialism to a greater extent, the most controversial and historical consequences arose from the regulations of the Constitution about the state organization of Yugoslavia, which were later used as the legal basis for the breakup of Yugoslavia and differently interpreted by the warring parties during the armed conflict in the former Yugoslavia.

The new Constitution also reduced the Federal Presidency from twenty-three to nine members, with equal representation for each republic and province and an ex-officio position for the president of the League of Communists. The 1974 Constitution also expanded protection of individual rights and court procedures, with the all-purpose caveat that no citizen could use those freedoms to disrupt the prescribed social system. Finally, Kosovo and Vojvodina, the two constituent provinces of Serbia, received substantially increased autonomy, including de facto veto power in the Serbian parliament.

The Yugoslav Federal Constitution of 1974 confirmed and strengthened the principles of the Yugoslav Federal Constitution Amendments of 1971, which introduced a concept that sovereign rights were exercised by the federal units, and that the federation had only the authority specifically transferred to it by the constitution.

The constitution also proclaimed Josip Broz Tito president for life.

Adoption of the Constitution was preceded by significant political events that occurred several years earlier, and that marked the beginning of the federalization of the country. First, in the summer of 1966, Anti-federalization leader Aleksandar Ranković, one of the closest associates of Josip Broz Tito, was removed from all functions. The federalization ideas of Edvard Kardelj won, and thus began a gradual federalization of Yugoslavia. In 1968 and 1971 amendments were adopted to the Federal Constitution, through which Yugoslav Presidency as a collective leadership body was introduced (1971). Later that year, the republican leadership of SR Croatia was completely dismissed, which propagated their nationalistic politics. And in the autumn of next year (1972), a purge was carried out in the leadership of the SR Serbia. After all that, everything was ready for the adoption of the new Federal Constitution.

By the words of the Constitution, all power belongs to the "working class and working people". In terms of governmental structure, the provinces within Yugoslavia (SAP Vojvodina and SAP Kosovo) have received even greater rights than they had before. Provinces had their state and party Presidencies. Their territory could not be altered without the decision of the Provincial Assembly, provincial governments even got the right to veto decisions of the authorities in Serbia.

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