PROTIVUSTAVNI PRIJEDLOZI REFORME AKTIVNOG I PASIVNOG BIRAČKOG PRAVA U USTAVU BOSNE I HERCEGOVINE
UNCONSTITUTIONAL PROPOSALS FOR REFORMING THE ACTIVE AND PASSIVE VOTING ELIGIBILITY IN THE BH CONSTITUTION

Summary/Abstract: According to author’s findings, unconstitutional amendments are rarity in the Constitutional Law’s theory. Related to this, even Bosnia and Herzegovina makes an exception since the BH Constitution contains a regulation forbidding the derogation of human rights and basic liberties from the Bosnia and Herzegovina’s legal order. Several propositions of that kind have recreantly appeared. I analyzed and published some of them in the University of Sarajevo’s Journal for Social Issues PREGLED, No. 3, year 2012. In addition to those aforementioned ones, the newly proposed amendments, designed after the US model, to the BH Constitution have appeared, whose adoption would lead to the complete dissolution of B&H, taking into account the legal order’s complex nature. Also, fashioned after the Swiss Confederation, the abolition of the BH Presidency and House of Peoples in the BH Parliamentary Assembly will result in dissolution of BiH, due to difficulty exercising of civil representational rights of minorities. To transfer those indigenous systems as a way of fulfilling the exercising of constitutional peoples’ (Bosniaks/Croats/Serbs) equality when electing the BH Presidency members, is perilous to the survival of BiH and makes the way for its gradual, peaceful and voluntary disintegration in smaller states. In general terms, accepting such solutions at their face value does not match the historical processes taking place in Bosnia and Herzegovina, which are completely different source for the Constitutional Law than those in the United States of America and Swiss Confederation. The first solution following the US model leads to the further complicating of BH constitutional order, whilst the second one to the further simplification. That would bring all historical processes in Bosnia and Herzegovina to a halt and commenced its gradual disappearance from the historical international scene. The proposals presented to the public are in unconstitutional and yield to denial of BH authorities and Bosnia and Herzegovina as the state.

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