Ревизија Устава Босне и Херцеговине кроз одлуке Високог представника
Review of Bosnia and Herzegovina Constitution Through High Representative's Decisions

Author(s): Milan Pilipović
Subject(s): Constitutional Law, Governance
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: High Representative;Annex X;Decision;Declaration;Review;Constitution of Bosnia and Herzegovina;Constitutional Court of Bosnia and Herzegovina;Legal drafting;
Summary/Abstract: The position and authorities of the High Representative for Bosnia and Herzegovina are regulated by the Annex X of the Dayton Peace Agreement. The authorities of the High Representative, contrary to the Annex X, were expanded by declarations of the Peace Implementation Council, especially, inter alia, the Bonn Declaration. Based on these authorities, the High Representative passed a set of decisions, thus changing the Bosnia and Herzegovina Constitution and the Republic of Srpska Constitution, directly affecting their constitutional legal orders. The High Representative reviewed the Constitution of Bosnia and Herzegovina, acting as the constitutional and legislative power, imposing acts which established new authorities for Bosnia and Herzegovina, and founding new Bosnia and Herzegovina institutions. The High Representative’s legal decisions were incorporated into the legal order of Bosnia and Herzegovina. The Constitutional Court of Bosnia and Herzegovina, in the course of reviewing the constitutionality of some of the statutes passed by the High Representative, did not have a joint conception, in other words, the judges’ opinions were contradictory and exclusive, and from the aspect of legal theory, even highly problematic. It is only political and expert bodies in Bosnia and Herzegovina, who should create law, while possible reviews of constitution, which entirely depends on the political will of the representatives of entities and constituent peoples, should be realized in compliance with the constitutionally prescribed procedure.

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