Мандат судија Уставног суда Републике Српске
Mandate of the Judges of the Constitutional Court of Republic of Srpska

Author(s): Radomir V. Lukić
Subject(s): Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitutional Court function;Constitutional function;Legislative function;Judical function;Negative legislator;Limited,permanent mandate and the absolute prohibition of reelection of judges of;
Summary/Abstract: Provisions of the Constitution of Republic of Srpska on limited mandate and absolute proscription of the reelection of the judges of the Constitutional Court of Republic of Srpska from the Article 116 (2) and (3) were erased and not changed on 28 December 2005 with the Amendment CXX to the Constitution of Republic of Srpska. It raised the question of the length of mandate of the judges of the Constitutional Court of Republic of Srpska. The author thinks that the provision of the „Amendment CXVI on the Constitution of Republic of Srpska“ („enacted“ by the High Representative for Bosnia and Herzegovina), which changed the original pro-vision from the Article 127 of the Constitution of Republic of Srpska, cannot be applied to the mandate of the judges of the Constitutional Court of Republic of Srpska. The author concludes that the provision 15 (3) of the Law on the Constitutional Court of Republic of Srpska, which stipulates that the mandate of the judges of this court lasts until they reach 70 years of age, is unconstitutional. In the article, the author argues in favor of such an attitude, which is strengthened by the results of the comparative analysis, for in the comparative law limited mandate of the judges prevails, with usual absolute proscription of the reelection or permission of only one reelection. The author formed his opinion upon understanding that the nature of the function of constitutional court is closer to the constitutional and legislative functions than to the classical judicial function. Other functions of constitutional courts are, according to the author, less important than the function of solving so-called normative disputes.

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