Komparativna analiza Ustava Bosne i Hercegovine i Ustava Sjedinjenih Američkih Država: Ustavna raspodjela nadležnosti, interpretativna funkcija ustavnog sudstva i razvoj ustavne doktrine
Comparative analysis of the Constitution of Bosnia and Herzegovina and the Constitution of the United States of America: constitutional allocation of powers, the interpretative function of constitutional judiciary and the development of constitutiona

Summary/Abstract: This paper provides a comparative analysis of the Constitution of Bosnia and Herzegovina and the Constitution of the United States, based on the premise that both constitutional systems establish a complex distribution of powers between the central and lower levels of government while assigning a pivotal role to constitutional adjudication in the interpretation of constitutional provisions. Particular attention is devoted to the comparative examination of the constitutional allocation of competences, methods of constitutional interpretation, and the development of constitutional doctrine through judicial practice. The paper explores the extent to which the experience of the Supreme Court of the United States, particularly with regard to the doctrines of implied powers, federal supremacy, and dynamic constitutional interpretation, may serve as a relevant comparative framework for understanding the constitutional position and interpretative function of the Constitutional Court of Bosnia and Herzegovina. At the same time, the paper highlights the specific nature of the Constitution of Bosnia and Herzegovina as an integral part of an international peace agreement, which gives its interpretation a distinct international legal dimension. Applying normative, comparative legal, and doctrinal methods, the paper concludes that, despite the different historical and legal contexts in which they emerged, both constitutional systems demonstrate that judicial interpretation constitutes one of the most important mechanisms for the development of constitutional law and the adaptation of the constitutional order to contemporary social challenges.

• Details
• Contents