TERM AND MEANING OF INTERPRETATION OF LEGAL NORMS IN BOSNIA AND HERZEGOVINA Cover Image

POJAM I ZNAČENJE TUMAČENJA PRAVNIH NORMI U BOSNI I HERCEGOVINI
TERM AND MEANING OF INTERPRETATION OF LEGAL NORMS IN BOSNIA AND HERZEGOVINA

Author(s): Milena Simović, Miodrag N. Simović
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: Constitution of Bosnia and Herzegovina; the Constitutional Court of Bosnia and Herzegovina; the interpretation of legal norms; constitutionality; legality

Summary/Abstract: The paper examines interpretation as a logical method for finding true meaning and reach of legal norm which method falls outside scope of legal regulation. In the context of term „interpretation of law“, it is only one sub-category of a very complex and varied appearance of interpretation in general. In addition to relevant interpretations, the paper analyses interpretation of norms of criminal procedure law and meaning of principled legal positions. The central part of the paper concerns the Constitutional Court of Bosnia and Herzegovina as an interpreter of the Constitution of BiH. In that regard, although provision of Article VI(3)(a) of the Constitution of Bosnia and Herzegovina does not provide for explicit jurisdiction of the Constitutional Court of BiH to review constitutionality of the laws or provisions of the law of Bosnia and Herzegovina, a substantional term of authorizations specified by the very Constitution of Bosnia and Herzegovina contains in itself a legal basis for the Constitutional Court for such jurisdiction and especially by the role of the Constitutional Court as authority that upholds the Constitution of Bosnia and Herzegovina. The position of the Constitutional Court in such cases in its current case-law clearly indicates that the Constitutional Court has jurisdiction to review constitutionality of the laws or certain provisions of the laws of Bosnia and Herzegovina.

  • Issue Year: 5/2012
  • Issue No: 09
  • Page Range: 9-28
  • Page Count: 20
  • Language: Bosnian