(НЕ)УСТАВНОСТ У БОСНИ И ХЕРЦЕГОВИНИ И ПОЛИТИЧКИ ВОЛУНТАРИЗАМ
(UN)CONSTITUTIONALITY IN BOSNIA AND HERZEGOVINA AND POLITICAL VOLUNTARISM

Summary/Abstract: In this paper, the author deals with the problem of constitutionality in Bosnia and Herzegovina and the (political) voluntarist tendencies that are increasingly expressed in the practice of the Constitutional Court of Bosnia and Herzegovina. Also, special attention is given to the situation in which there is no single authentic text of the Dayton Peace Agreement, and thus of the Constitution of Bosnia and Herzegovina, which opens up an issue of selective translations and arbitrary interpretations of these documents. The paper discusses the status and competences of the Constitutional Court of Bosnia and Herzegovina, as well as the problem of the so-called extensive interpretation of the provisions of the Constitution of Bosnia and Herzegovina, and the factual influence of politics from Sarajevo on the Constitutional Court of Bosnia and Herzegovina, whereby the author (in particular) reached basic conclusions regarding the basic question; for what reason the highest institution of judicial power (Constitutional Court), which has the primary task of protecting constitutionality, directly undermines the rule of law in Bosnia and Herzegovina, in accordinance of demands of Bosniak political representatives.

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