Osamnaest godina ustava Republike Srpske
Eighteen Years of the Constitution of the Republic of Srpska

Author(s): Mladen Tišma
Subject(s): Constitutional Law
Published by: Institut za uporedno pravo
Keywords: Constitution; amendment; political institutions; entity; complex state
Summary/Abstract: The Constitution of the Republic of Srpska has been passed in specific historical circumstances. Its major intention had been establishment of legal ground for than newly established Republic of Srpska. That goal has achieved recognition in the General Framework Agreement for Peace and Constitution of BosniaHerzegovina as its annex. Short period for drafting the Constitution as well as political and international situation meant that constitution-makers needed to rely on some foreign modern constitutional documents, including some of other Yugoslav republics in order to break with communist constitutionality. That approach speeded adoption of the Constitution but in the same time did not take into account constant changes of position of the Republic of Srpska, involved into bloody civil war in former B-H as well as domestic problems in construction of its own legal system. These factors led to deviations from the original constitutional concept and many alternations and supplements. After the war High Representative and status of the Republic of Srpska as an entity of Bosnia-Herzegovina have become new in constitutional development. Special attention in this paper is on numerous constitutional revisions and US-styled amendment technique as chosen way for them. This paper opens old question whether Republic of Srpska needs a new constitution to complete 18-year long constitutional development of Srpska.

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