General Framework Agreement for Peace in Bosnia and Herzegovina and Sociological Functions of the Constitution of Bosnia and Herzegovina as the Basis of De/stabilization and Dis/functionality of the State Cover Image

Opšti okvirni sporazum za mir u Bosni i Hercegovini i sociološke funkcije Ustava Bosne i Hercegovine kao osnova de/stabilizacije i dis/funkcionalnosti države
General Framework Agreement for Peace in Bosnia and Herzegovina and Sociological Functions of the Constitution of Bosnia and Herzegovina as the Basis of De/stabilization and Dis/functionality of the State

Author(s): Sifet Kukuruz
Subject(s): Constitutional Law, International Law, Governance, Sociology of Law, Peace and Conflict Studies
Published by: Fakultet za upravu, pridružena članica Univerziteta u Sarajevu
Keywords: Constitution of Bosnia and Herzegovina; sociological functions; international law; ius cogens; aggression; genocide; constitutional loyalty; social integration;

Summary/Abstract: The author explain the importance of the conditions and circumstances under which the state constitution is adopted and their reciprocal impact on the applicability of the constitution in practice. The focus of the analysis is on considering the possibility of exercising the sociological functions of the Constitution of Bosnia and Herzegovina (symbolic, legitimizing and integrative function), in the context of the conditions that led to the signing of the General Framework Agreement for Peace in Bosnia and Herzegovina, as well as in connection with subsequently established and court-verified facts confirming the violation of international law. Arguments for the possibility of achieving and strengthening the sociological functions of the Constitution of Bosnia and Herzegovina, the author finds in the history of Bosnia and Herzegovina, which is characterized by centuries of tradition of coexistence and tolerance. The paper concludes that the Constitution of Bosnia and Herzegovina performs sociological functions in the basic elements, but that these functions can be developed and strengthened over time. However, the author emphasizes that there is a danger of the emergence of opposite tendencies that can lead to the disintegration of society, which is confirmed by the current political situation in Bosnia and Herzegovina.

  • Issue Year: 2021
  • Issue No: 25
  • Page Range: 83-124
  • Page Count: 42
  • Language: Bosnian