Правни домашај преамбуле Устава у уставном систему Босне и Херцеговине
The Legal Scope of the Preamble of the Constitution in the Constitutional System of Bosnia and Herzegovina

Author(s): Darko Simović
Subject(s): Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitution; Preamble; Constitutional Court; Judical review of law;Bosna and Hercegovina;Republic of Srpska;
Summary/Abstract: The preamble of the constitution is one of the most neglected legal phenomenon. For a long time, in accordance with the traditional doctrine of constitutional law, there was a dominant unquestionable belief that the preamble was a ceremonious introduction to the text and that its only significance is a political declaration. However, taking into consideration that there is an increasing number of examples in comparative law that point to its legal relevance, there is growing interest in the preamble of the constitution. Henceforth, in the first part of the text the author discusses the most relevant standpoints on the legal nature of the preamble, as well as the most illustrative examples from the judiciary in which the legal relevance of the preamble of the constitution was affirmed. In the second part of the text the author discusses the decision of the Constitutional Court of Bosnia and Herzegovina whereby in the preamble of the Constitution of Bosnia and Herzegovina the legally binding power is recognized. In addition to a critical analysis of the standpoints of the Constitutional Court, there is also a discussion of the differing views, seeing as the decision was not unanimous.

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