Интернационализовање уставног права Босне и Херцеговине - процес коме се (не) види крај
Internationalization of the Constitutional Law of Bosnia and Herzegovina - a Process With (No) End in Sight

Author(s): Darko Simović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, International Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Bosnia and Herzegovina;Constitution,Internationalization;Constitutionalism;International community;
Summary/Abstract: Despite the fact that the Dayton Constitution has been around for a respectable amount of time, the opinion that Bosnia and Herzegovina is an incomplete state continues to dominate. This is drawn from the fact that the state has been under the tutelage of the international community, which is securing its existence. Past experience has continued to affirm that with- out institutionalized support or uninstitutionalized political pressures of the international community the constitutional system of Bosnia and Herzegovina cannot function. The fact that the state did not fall into conflict again is a success that justifies international intervention, but on the other hand, the international community did not succeed in taking this a step further, be- cause the state remains in a position of incomplete peace with constant constitutional and political crises. Therefore, aside from the fundamental political goal of preserving Bosnia and Herzegovina which has been achieved, the international community still does not have a clear vision of their role in this state. Albeit, the weaknesses of the Dayton Constitution are evident, in theory and amongst the constitutive people, there is not the slightest agreement in terms of the ways the existing constitutional system should be modified. Hence, justified is the constitutional pessimism in the context of Bosnia and Herzegovina, because the political culture of dependence on the international community as well as the inertia between the constitutive people has been widely developed.

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