Ustavobranitelj kao pozitivni zakonodavac – za i protiv
Protector of the Constitution as a positive Legislator – Pros and Cons

Author(s): Ljubomir Ožegović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Court case
Published by: Fondacija Centar za javno pravo
Keywords: BiH; Constitutional Court;
Summary/Abstract: This paper which seeks to give an answer to the question whether the Constitutional Court of Bosnia and Herzegovina should be deciding as a positive legislator by normative regulation of local elections for Mostar, showcases the ambient, from the doctrinal and practical aspect, which seeks arguments for the justification one of the two possible answers and solutions. As is usually the case in many other dilemmas, in this matter there are arguments in favour of both answers as well. In an effort to find an appropriate solution, the author pays special attention to the constitutional judiciary in general, its role and function in a democratic society, competences of the Constitutional Court of Bosnia and Herzegovina and legal effects of its decisions in the field of normative control. Upon a review of the factual and legal situation of this case, by analysing the arguments, the author gives the answer to the central question of the paper whether the Constitutional Court can reasonably take over the role of the positive legislator in the current circumstances.

• Details
• Contents