Околности, услови и исходи конституционализације Босне и Херцеговине
Circumstances, Conditions, and Outcomes of the Constitutionalization of Bosnia and Herzegovina

Author(s): Radomir V. Lukić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitutionalism; Limitation and control of state power; Constitution of Bosnia and Herzegovina; Sovereignty;
Summary/Abstract: Constitutionalism is a theory and practice of institutional limitation and control of state power, a barrier to the emergence of an omnipotent, unlimited, arbitrary and uncontrolled state power. After presenting the basic assumptions of constitutionalism, the article examines the extent to which the existing written Constitution of Bosnia and Herzegovina provides institutional mechanisms for limiting state power, and the extent to which its “living” constitution does the same, considering the fact that the latter’s essence lays in the unconstitutional and supra-constitutional bodies such as the Peace Implementation Council, its Steering Committee, as well as the High Representative and his Office.

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