Ustavna (a)simetrija naspram legitimiteta i stabilnosti u bosanskohercegovačkom ustavnom dizajnu
Constitutional (a)symmetry against Legitimacy and Stability in the Constitutional Design of Bosnia and Herzegovina

Author(s): Maja Sahadžić
Subject(s): Constitutional Law, Government/Political systems, Inter-Ethnic Relations, Politics and Identity
Published by: Fondacija Centar za javno pravo
Keywords: Bosnia and Herzegovina; constitution; asymmetrical constitutional solutions; multinational constitutional system; federalism; stability;
Summary/Abstract: Unlike traditional federal studies, contemporary studies in federalism recognize that asymmetrical constitutional solutions are not an anomaly but rather necessity, especially in multi-tiered multinational constitutional systems. Nevertheless, federalism studies also recognize that constitutional asymmetries may reflect on legitimacy and stability of the system. Although lacking a structured and comprehensive analysis, academics in Bosnia and Herzegovina often describe the constitutional design of the country as highly asymmetrical. The aim of this paper is then to provide answers to two questions. Firstly, whether, indeed, the constitutional system of Bosnia and Herzegovina is (highly) asymmetrical. And secondly, whether this produces specific effects on the legitimacy and stability of the system.

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