NEUSTAVNO PREUZIMANJE USTAVOTVORNE I LEGISLATIVNE FUNKCIJE OD STRANE USTAVNOG SUDA BOSNE I HERCEGOVINE
UNCONSTITUTIONAL TAKEOVER OF CONSTITUTION-MAKING AND LEGISLATIVE FUNCTIONS BY THE CONSTITUTIONAL COURT OF BOSNIA AND HERZEGOVINA

Summary/Abstract: Subject of this paper concerns decisions of the Constitutional Court of Bosnia and Herzegovina as a proof of unconstitutional takeover of constitution-making and legislative functions by that Court. The paper offers explanation of the way in which some judges of the Constitutional Court of Bosnia and Herzegovina made decisions in a case from 2000, which reveals the readiness of the judges to use their function to implement some political interests, and not to serve to the legal state and rule of law. Unconstitutional judicial decision concerning that case has been a foundation for establishing new institutions, but also for enacting new decisions by the same Court which are based on this initial unconstitutional decision, and not the Constitution of Bosnia and Herzegovina.

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