Zmiana pozycji Wysokiego Przedstawiciela w świetle zasady podziału władzy w Bośni i Hercegowinie
Changing the position of the High Representative in the light of separation of power principle in Bosnia and Herzegovina

Summary/Abstract: Separation of power principle is one of the oldest principles accompanying the evolution of constitutional thought and a foundation of democratic political systems. Its basic goal is to protect the system against concentration of powers in one organ of government, so it can be described as a fundamental guaranty of democratic political system. Separation of powers is also a part of the political system of Bosnia and Herzegovina. However, Dayton Agreement created there unprecedented situation of international supervision in peace process – among others in the form of Office of the High Representative. Its position is exceptional and unique – OHR was positioned outside the constitutional structure of the state and, in connection with that, outside separation of powers principle. Moreover, alongside with evolution of its capacities, three kinds of power were unified in its hands. Therefore, the assumption that position and power of OHR are inconsistent with democratic character of the country, mainly because they violate separation of powers principle, seems to be justified.

• Details
• Contents