engleski

Modernity in Search of Tradition: Formation of the Modern Croatian Judiciary 1848– 1918

Author indicates connection between legal culture and legal tradition as well as necessity of further research in that direction regarding deeper understanding of the contemporary legal systems. In central chapter of the article the process of formation of the modern Croatian judiciary is reconstructed with particular attention being payed to the organisation and to the grants of judicial independence. Apart of that analyse of judicial practice regarding clash between the ABGB and the institution of communal joint family ilustrates difference between the "law in books" and the "law in action". Author concludes that the modern Croatian judiciary was formed under influence of the Austrian legislature and other factors that helped to turn archaic Croatian judicial system into the rational structure that has not managed to stabilize as independent institution, however.

egal culture, legal tradition, rule of law, judiciary

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