Author(s): Zvonko Miljko / Language(s): Croatian
Issue: 1/2018
There is a constant interest in every country in the constitution as the highest legal and political act, and the fundamental law of the state. As a general matter in which the answer to the eternal question of man and government is contained, this constitutional dialogue is desirable and precious. However, in the history of constitutionality there were the most varied constitutions in different countries. The constitutions were often an expression and attempt to emerge from the crisis and have represented a part of the new beginning after the crisis. One succeeded, and their norms took hold, while others became what we call in theory a semantic constitution - a constitution only by name - which is not realized in practice, but the constitutional-political reality predominates of a real constitution that predominantly or completely differs from its written principles and norms. Thus, individual constitutions, instead of representing a solid legal basis in mediating the inevitable political conflicts in each political community, reproduce new and simply shift the package of unresolved political problems to new generations. Any talk about the Constitution of Bosnia and Herzegovina, from whichever corner, leads me to the crucial constitutional problem related to a form of polity. The territorial organization of the government knows only two solutions: federal and unitarian authority. The rich theoretical and practical experience of federalism has yet to date produce unequivocal answers. Within the ultimate theoretical boundaries are the federal units, which are, along with the citizens, constitutive elements of the federal state. Within that framework, each federation is story unto itself and represents “the flower of its own soil”, as its own attempt to make a complex response to a complex reality. Can some examples be of benefit or represent a pattern? I think the answer imposes itself based on these few introductory sentences. Belgium (1993.) and Bosnia and Herzegovina (Washington 1994 - Dayton 1995) are the two youngest federations in the world. Belgium, from the unitary state, devolutionary through four successive constitutional reforms (1970 to 1993), transformed itself to the federal state. Bosnia and Herzegovina has been transformed into an ultra-structured, asymmetric and dysfunctional federal state by Washington-Dayton international peace agreements. Conflict between federalists and antifederalists for the whole time did not stop and has become more and more heavier each day, which has pushed the country into the largest constitutional crisis which has not been seen before. Can we open a new constitutional and reform dialogue and can experiences of Belgium help, are the questions I will try to answer, especially by paying attention to problems, contradictions and misconceptions about the so-called “non-territorial” or personal federalism.
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