IZBORNI SISTEM U BOSNI I HERCEGOVINI PREMA DEKLARACIJI O PRAVIMA GRAĐANA BOSNE I HERCEGOVINE
THE ELECTORAL SYSTEM IN BOSNIA AND HERZEGOVINA ACCORDING TO THE DECLARATION ABOUT THE RIGHTS OF THE CITIZENS OF BOSNIA AND HERZEGOVINA

Summary/Abstract: The paper provides a comparative review of the elements of the “electoral system” projected within a special system in Bosnia and Herzegovina (1941-1945), which we mark by using the phrase “partisan democracy” and modern principles of democratic electoral right encompassing five basic principles that are included in the international documents on human rights. The Declaration on the rights of the citizens of Bosnia and Herzegovina (Second Session of the State Anti-fascist Council for the National Liberation of Bosnia and Herzegovina; ZAVNOBiH, Sanski Most, 1944) stresses the basic principles of the future electoral system in Bosnia and Herzegovina, which had been globally accepted only upon adoption of the Universal Declaration on human rights, adopted at the UN General Assembly, December 10, 1948, namely by adoption of the European Convention on protection of human rights and fundamental freedoms (Rome, 1950). Some rights, which were already in 1944 set by the ZAVNOBiH Declaration, on the rights of the citizens of Bosnia and Herzegovina, have been developed until present days by additional protocols along the European Convention for protection of human rights and fundamental freedoms. The declaration of the Second Session of ZAVNOBiH, inter alia, represents the corner stone in developing democratic electoral right in Bosnia and Herzegovina whose coherent implementation in the modern environment would eliminate discrimination in the Bosnia and Herzegovina Constitution and the Bosnia and Herzegovina Election Law, which was officially confirmed by the ruling of the European Court for human rights in case of ”Sejdić-Finci vs. BiH”. The paper also elaborates the chronological (historical) development of the election system in Bosnia and Herzegovina in the period from 1940 to 1945, especially through unrealized, but projected election system according to the Regulation on election of delegates for the National Assembly of the Kingdom of Yugoslavia 1940, as well as to the model of election of ZAVNOBIH’s councillors.

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