Formalne i faktičke izmjene i dopune Ustava Bosne i Hercegovine: koliko daleko možemo ići?
Formal and Factual Amendments to the Constitution of Bosnia and Herzegovina: How Far Can We Go?

Author(s): Dženeta Omerdić
Subject(s): Constitutional Law, Government/Political systems, Politics and law
Published by: Fondacija Centar za javno pravo
Keywords: Constitution; Bosnia and Herzegovina; amendments to the Constitution; politics;
Summary/Abstract: Having in mind the legal nature of the Constitution of Bosnia and Herzegovina, as well as the specificities of the modern state and constitutional and legal order of Bosnia and Herzegovina, the subject of this analysis emphasized the formal and factual amendments to the Constitution of B&H. The amendments to the Constitution should be done institutionally, which requires more active and accountable engagement of the relevant state authorities. However, current socio-political relations indicate that there is no political will in Bosnia and Herzegovina that is, in fact, indispensable for initiating the process of constitutional reform. As a legislative body, whether it is formal or factual amendments to the Constitution, the Parliamentary Assembly of B&H has an extremely important role in the process of constitutional reform. Beside the Parliamentary Assembly, the key state authority for (eventual) factual amendments to the Constitution of B&H is the Constitutional Court of B&H. At this phase of social stagnation, we are demanding and (justifiably) expecting from the Constitutional Court a more positive activism. It is time for new meaning and new interpretation of the constitutional principles. Also it is time that the principle of the rule of law becomes the primary determinant of the contemporary constitutional order of Bosnia and Herzegovina.

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