Ustavne promjene ispod realnih potreba i demokratskog legitimiteta
Constitutional amendments below the level of true needs and democratic legitimacy

Summary/Abstract: The author starts with the claim that the Dayton Peace Agreement for the BiH has some flaws of construction built into it including the following: 1. The agreement does not take a stand on the key question of the causes and the character of the war in the BiH. 2. The agreement is based on recognition of the factual state of affairs as well as of the positions imposed by force and conquests through was. 3. An entity structure is established, which is with no precedent in the entire history of the BiH. 4. The inter-entity separation line almost fully coincides with the 1995 confrontation line. 5. Effective mechanisms of elimination of the results of ethnic cleansing are not set in place, nor is defined the role of the international community, or the responsibility of the domestic government, in the case of a failure to implement the commitments vis-à-vis refugee return. 6. The agreement has put in place a huge, multi-layered, dysfunctional, and economically unviable structure of government. 7. The election system is not in harmony with democratic standards. 8. As to the structure and functioning of the governing institutions, the principle of nationality is preferred to the civic principles. No optimum balance between a required protection of full national equality, including the protection of vital national interests, on the one hand, and the principles of democracy and efficiency, on the other. However, the author also admits that the Dayton agreement has some positive sides, including (amongs other things) the following: 1. The international agreemnt of a high standing guarantees sovereignty, territorial integrity, and political independence of the BiH. 2. Also the agreement provides guarantees as to international-legal continuity of the BiH. 3. It has been confirmed that the BiH has only adopted an international transformation of its constitutional arrangements. 4. By providing guarantees as to the highest international standards for human rights and freedoms, the agreement sets prerequisites for introduction of certain mechanisms that will enable the citizens of the BiH to enjoy the rights normal for democratic states; the agreements also guarantees some other key values on which democratic societies are founded, such as private property, political pluralism, the principles of constitutional division of governmental powers.

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