The Constitution of 1838, often called the Turkish constitution ( sr, Турски устав / Turski ustav; because it was issued in the form of a sultan

firman A firman ( fa, , translit=farmân; ), at the constitutional level, was a royal mandate or decree issued by a sovereign in an Islamic state. During various periods they were collected and applied as traditional bodies of law. The word firman com ...

), was a constitution of the

Principality of Serbia The Principality of Serbia ( sr-Cyrl, Књажество Србија, Knjažestvo Srbija) was an autonomous state in the Balkans that came into existence as a result of the Serbian Revolution, which lasted between 1804 and 1817. Its creation was ...

from 1838 until 1869. Through this, the

Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...

wanted to show that Serbia was subservient to it. Although the new constitution was less liberal than the preceding

Sretenje Constitution The Constitution of the Principality of Serbia (Slavonic-Serbian: ) known as the Sretenje Constitution (" Candlemas Constitution"), was the first constitution of the Principality of Serbia, adopted in Kragujevac in 1835. The Constitution was writt ...

, Serbian prince

Miloš Obrenović Miloš, Milos, Miłosz or spelling variations thereof is a masculine given name and a surname. It may refer to: Given name Sportsmen * Miłosz Bernatajtys, Polish rower * Miloš Bogunović, Serbian footballer * Miloš Budaković, Serbian f ...

did not want to rule under it, so he abdicated in favor of his son Milan Obrenović.

Background

The people of Serbia often rebelled against Miloš's autocratic and frequently brutal rule. Following one such rebellion, Mileta's rebellion, he agreed to adopt the very liberal Sretenje Constitution (Candlemas Constitution) in 1835, which abolished serfdom, granted freedom of speech and the press, and reduced the prince's power. The move was opposed by neighboring Austria, the ruling Ottoman Empire and Russia. It is believed that the three great empires saw the Sretenje Constitution as a danger to their own autocratic systems of government.

Metternich Klemens Wenzel Nepomuk Lothar, Prince of Metternich-Winneburg zu Beilstein ; german: Klemens Wenzel Nepomuk Lothar Fürst von Metternich-Winneburg zu Beilstein (15 May 1773 – 11 June 1859), known as Klemens von Metternich or Prince Metternic ...

's Austria particularly ridiculed the fact that Serbia had its own flag and ministry of foreign affairs. Miloš was glad to abolish the Sretenje Constitution at the demand of Russia and Turkey. Prince Miloš Obrenović changed his way of ruling upon the abolition of the Sretenje Constitution. He stopped acting as supreme judge and abolished monopoly of the

salt Salt is a mineral composed primarily of sodium chloride (NaCl), a chemical compound belonging to the larger class of salts; salt in the form of a natural crystalline mineral is known as rock salt or halite. Salt is present in vast quantitie ...

trade. The Constitution of 1838 was carried out by the

Russian Empire The Russian Empire was an empire and the final period of the Russian monarchy from 1721 to 1917, ruling across large parts of Eurasia. It succeeded the Tsardom of Russia following the Treaty of Nystad, which ended the Great Northern War. ...

and

Austrian Empire The Austrian Empire (german: link=no, Kaiserthum Oesterreich, modern spelling , ) was a Central-Eastern European multinational great power from 1804 to 1867, created by proclamation out of the realms of the Habsburgs. During its existence, ...

. The Russian envoy handed "basis" for the constitutional organization of Serbia. According to him, the constitution should contain only administrative provisions, because the ''

hatt-i sharif Hatt-i humayun ( ota, خط همايون , plural , ), also known as hatt-i sharif ( , plural , ), was the diplomatics term for a document or handwritten note of an official nature composed by an Ottoman sultan. These notes were commonly written ...

'' of 1830 granted political rights for the Principality of Serbia. Russia requested to maintain the Council, through which it could put pressure on the prince.

Aftermath

Although the new constitution was less liberal then its predecessor, prince Miloš Obrenović did not want to rule under it, so he abdicated on June 13, 1839, in favor of his son Milan Obrenović. Milan died less than a month later and was succeeded by his brother Mihailo Obrenović. In 1842 his first reign came to a halt when he was overthrown by a rebellion led by

Toma Vučić-Perišić Toma or TOMA may refer to: Places *Toma, Burkina Faso, a town in Nayala province *Toma Department, a department in Nayala province * Toma, Banwa, Burkina Faso, a town * Tōma, Hokkaidō, Japan, a town **Tōma Station, its railway station *Toma, a ...

, which enabled the

Karađorđević dynasty The Karađorđević dynasty ( sr-Cyrl, Динасија Карађорђевић, Dinasija Karađorđević, Карађорђевићи / Karađorđevići, ) or House of Karađorđević ( sr-Cyrl, Кућа Карађорђевић, Kuća Karađ ...

to accede to the Serbian throne. The most influential men in Serbia after that were Vučić-Perišić and

Ilija Garašanin Ilija Garašanin ( sr-cyr, Илија Гарашанин; 28 January 1812 – 22 June 1874) was a Serbian statesman who served as the prime minister of Serbia between 1852 and 1853 and again from 1861 to 1867. Ilija Garašanin was conservati ...

of the Defenders of the Constitution.

Literature

* * * Ustavi Kneževine i Kraljevine Srbije 1835—1903, Beograd, Naučna knjiga, 1988. * Ljubomirka Krkljuš: ''Pravna istorija srpskog naroda'', Novi Sad 2002. {{DEFAULTSORT:1838 Constitution of Serbia Constitutions of Serbia Principality of Serbia 1838 in Serbia

Constitution of Serbia The current Constitution of the Republic of Serbia ( sr, / ), also known as Mitrovdan Constitution ( sr, / ) was adopted in 2006, replacing the previous constitution dating from 1990. The adoption of new constitution became necessary in 2006 ...

1838 in law 1838 in politics