Judicial Activism in Protection Against Discrimination Cover Image

Sudski aktivizam u zaštiti od diskriminacije
Judicial Activism in Protection Against Discrimination

Author(s): Dejan Pavlović
Subject(s): Human Rights and Humanitarian Law, Sociology of Law
Published by: Fakultet političkih nauka Univerziteta u Beogradu
Keywords: judicial activism; prohibition of discrimination; minority rights; judicial review

Summary/Abstract: The aim of this paper is to provide the proposal for a feasible and effective model that the Constitutional Court of BH could utilize to remedy the problem of the constitutional-based discrimination of minorities within the electoral process in Bosnia and Herzegovina. The issue at stake came into focus of legal and political science scholars after the ECtHR delivered its famous decision in case Sejdic-Finci in December 2009. The proposed approach of the Constitutional Court of BH is to increase its judicial activism, since it is the only stakeholder equipped with the necessary tools for resolving the problem that brought the political elites into a deadlock.

  • Issue Year: 2016
  • Issue No: 15
  • Page Range: 105-115
  • Page Count: 11
  • Language: Serbian