USTAVNO-PRAVNO-POLITOLOŠKI ALGORITAM REFORME IZBORNOG ZAKONODAVSTVA BIH
CONSTITUTIONAL, LEGAL AND POLITICAL ALGORITHM OF THE ELECTORAL LAW REFORM IN BOSNIA AND HERZEGOVINA

Summary/Abstract: Electoral Law and entire political life of Bosnia and Herzegovina are strongly determined by judgments of the Constitutional Court and European Court for Human Rights, which are mirroring questions: „Who can be candidates and who can vote for members of the Presidency of Bosnia and Herzegovina and House of Peoples of the Parliament of the Federation Bosnia and Herzegovina?“, more precisely – „Who are and who should be members of the Presidency and delegates in House of Peoples, and who are/should be their voters?“. In dynamical political debates on these topics, more and more actual since they are threatening now with institutional blockade of almost entire political system, offered solutions were based mostly on the restrictive interpretation of the State Constitution, in the spirit of „quasi-representative democracy“, with neglecting of the opportunities for Constitution’s interpretation in the spirit of the representative democracy. There was also neglecting of the opportunities for implementations of the models based on the proportional representation of all the „specific demoses“ which should elect bodies designed for representation of the constituent peoples and Others, in accordance with their distribution within different administrative-territorial units. In the first part of this work exactly these models are elaborated, and they are based on the concepts of G. Puljić which are further elaborated here. On the basis of the question „Who are the members of the Presidency and whom do they represent?“, second part of this work elaborates relation of the legitimacy which emerges out of representation of Entities as administrative-territorial units and representation of constituent peoples as carriers of sovereignty, two specific features of the constitutional system of Bosnia and Herzegovina.

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