GRUPNA JEDNAKOST U MULTINACIONALNIM FEDERACIJAMA U ODNOSU NA FEDERALNA NAČELA «SAMOUPRAVE» I «ZAJEDNIČKE UPRAVE»: OSVRT NA BOSNU I HERCEGOVINU
GROUP EQUALITY IN MULTINATIONAL FEDERATIONS THROUGH FEDERAL PRINCIPLES OF SELF-RULE AND SHAREDRULE: LOOK TO BOSNIA AND HERZEGOVINA
Author(s): Dejan VanjekSubject(s): Constitutional Law, Governance, Sociology of Law, Geopolitics, Administrative Law
Published by: Sveučilište u Mostaru i Institut društvenih znanosti Ivo Pilar, Zagreb
Keywords: shared rule; self rule; multinational federalism; equality; constituency;
Summary/Abstract: Paper uses federal principles of ‘self-rule’ and ‘shared-rule’ in view to establish basic theoretical framework, in which rights of constituent groups in multinational countries can be analysed and juxtaposed. There are varieties of available territorial designs for accommodation of self-rule in multinational federations, but what matters most for the equality is to assure symmetric position of ‘state-creating’ subjects. Likewise, symmetry is also required to assure balanced application of shared-rule principle to secure overall institutional equality foremost in the sense of equal participation, legitimate representation and empowerment of constituent groups in decision making bodies and processes. Therefore, next to basic organizational structure electoral provisions come up as second most important element needed to check the equality and ownership status of constituent groups in a compound federal state. This approach is further supported by the assessment of equality of the three constituent peoples in Bosnia and Herzegovina as its explicit constitutional subjects, in terms of redistribution of key elements of power sharing among them.
Journal: Mostariensia - časopis za društvene i humanističke znanosti
- Issue Year: 22/2018
- Issue No: 1
- Page Range: 445-463
- Page Count: 19
- Language: Croatian