“Dejtonsko zatočeništvo”: slučaj ili zakonomjernost
Author(s): Edin Šarčević
“DAYTON CAPTIVITY”: CASE OR LEGALITY - A PUBLIC-LEGAL REVIEW -
Subject(s): Law, Constitution, Jurisprudence
Published by: Bošnjačka zajednica kulture "Preporod"
Keywords: Bosnia; Dayton Peace Agreement; Dayton captivity
Summary/Abstract: Formulation about “imposed condition”, “octroyed constitution” or about situation which has simply “happened” are widely spread descriptions of Dayton Bosnia. Such formulations do not present textual decorations which have only language-editing role. Every time they remind, more precisely lead to conclusion that the legal facts have established in social vacuum and that they have not had causal connection to social movements, practical politics and normatively oriented actions. The author pays his attention to the question of state-legal involution of Bosnia and Herzegovina from republic of citizens to the state of constitutional people in order to show that in “Bosnian case” there is no coincidence. He recreates political documents and political processes which have produced public-legal consequences. In focus is the question whether the “Dayton captivity” is really imposed event or it is the output of finishing the legal procedure of political disintegration of civil society, which was started by ruling of so called national parties. The answer includes the analysis of constitutional-legal processes and politics lead in the name of “constitutional people”. It will show that just “Dayton captivity” is legal consequence of “people’s arrangement” that was announced by the Muslim leaders in 1990, instead of “captivity” it has to be spoken about “people’s liberation”. Certainly, such type of “liberation” means exactly determined notion of freedom; that is the freedom which liberates the “ethnic” in it, strangling “individual”.
Journal: Godišnjak Bošnjačke zajednice kulture »Preporod«
- Issue Year: 2011
- Issue No: 1
- Page Range: 100-107
- Page Count: 8
- Language: Bosnian