Courts as Qualified Applicants for Assessment Constitutionality. Constitutional Questions of Courts Cover Image

Sudovi kao ovlašteni podnosioci zahtjeva za ocjenu ustavnosti. Ustavna pitanja sudova
Courts as Qualified Applicants for Assessment Constitutionality. Constitutional Questions of Courts

Author(s): Aleksandra Martinović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitutional issues;Constitutional Court of Bosnia and Herzegovina;Constitutional Court of Federation of Bosnia and Herzegovina;Constitutional Court of Republic of Srpska;
Summary/Abstract: The paper deals with one of the constitutional jurisdiction of the courts in Bosnia and Herzegovina, which (with the exception of specific appellate jurisdiction of the Constitutional Court) represents a link between the regular and constitutional judiciary in Bosnia and Herzegovina. Through constitutional norms and regulations and the specific process presented for each Constitutional Court (BiH, FBiH and the Republic of Srpska) respectively, due to certain differences, the paper discusses examples from case law. Institute of constitutional issues is exceptional „tool“ that could facilitate the regular courts, in a uniform and harmonized way, the burden of decision-making in litigation in all situations when they have scruples in relation to any general regulation which should be applied in the particular case.