Hejsov plan – samoubistvo iz zasjede
Hayes’s Draft – a Suicide by Ambush

Summary/Abstract: The author criticises the so-called Hayes's Draft of the constitutinonal amendments for the BiH on several grounds. He believes that the draft lays a too much emphasis on the concept of constituent peoples, a concept which neither the international nor constitutional law is familiar with. Besides, in the author’s opinion, the concept of sovereignty, in the sense of the state sovereignty must be indivisible, and be attributed to the citizens of the BiH as citizens, not as members of particular ethnic groups. However, even if one decides to retain the concept of constitutent peoples, the author claims that those who belong to neither of the three dominant constituent peoples should be endowed with the status of constituent people too, to avoid a most severe constitutional discrimination against them. He also adds that the Hayes draft has not given a due consideration to certain paragraphs of the Opinion of the Venice Commission on the Dayton Constitution of BiH, and that it brings some changes to the Dayton Constitution but for worse, not for better.

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