VRIJEDNOSTI ZAVNOBIH-a I DEJTONSKI USTAVNI POREDAK
VALUES OF ZAVNOBIH AND THE DAYTON CONSTITUTIONAL ORDER

Author(s): Kasim Trnka
Subject(s): History of Law, Constitutional Law, Political history, Recent History (1900 till today), WW II and following years (1940 - 1949), Transformation Period (1990 - 2010)
Published by: Akademija Nauka i Umjetnosti Bosne i Hercegovine
Keywords: Values of ZAVNOBIH; State of Bosnia and Herzegovina; Equality of nations; Human rights; Anti-Fascism; Constitution of Dayton; reasons of crisis;
Summary/Abstract: The establishment of ZAVNOBIH (State Anti-fascist Council for the National Liberation of Bosnia and Herzegovina), its decisions and the historical effect created a new paradigm of social, political and state development of Bosnia and Herzegovina. It is based on key values that can only ensure the long-term, stable and democratic development of the country through their mutual correlation and balance. Those values are, in particular, the following: restoration of statehood; affirmation of traditional ethnic diversity and common life throughout its territory; fostering freedoms and anti-fascist values; ensuring ethnic equality and human rights for all its citizens. An objective, scientifically based, analysis should indicate whether and to what extent these values were realized in further development, starting with the period of federal Yugoslavia, its breakdown and war. The focus of this review is the analyses of normative solutions and, in particular, the implementation of the Dayton constitutional order according to the criteria of values established by ZAVNOBIH. This analysis leads to the conclusion that the disrespect for these values in creating the Dayton constitutional order and in its realization is a key reason for its weaknesses, in particular, non-democracy and ineffectiveness.

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