FUNCTIONS OF A MODERN CONSTITUTION: EXAMPLE OF DAYTON CONSTITUTION Cover Image

FUNKCIJE MODERNOG USTAVA: PRIMER DEJTONSKOG USTAVA
FUNCTIONS OF A MODERN CONSTITUTION: EXAMPLE OF DAYTON CONSTITUTION

Author(s): Vladan Petrov, Darko Simović
Subject(s): History of Law, Constitutional Law
Published by: Akademija Nauka i Umjetnosti Bosne i Hercegovine
Keywords: Dayton Constitution; constitutive function; legitimizing function; integrative function;

Summary/Abstract: The Constitution of Bosnia and Herzegovina is a sui generis constitutional act by almost all parameters. This is manifested in the Constitution functions covered in this text. It deals with constituent, legitimate and integrative functions. All of The Constitution of Bosnia and Herzegovina is a sui generis constitutional act by almost all parameters. This is manifested in the Constitution functions covered in this text. It deals with constituent, legitimate and integrative functions. All of them are implemented partially or, more precisely, in a very particular way. Constitution of BiH gave the “government organization chart”, but without clear and certain guidelines. The majority of BiH citizens do not experience it as their own, but as an imposed constitution. In a sense, it has preserved the territorial integrity of the state union, but it failed to provide the creation of social cohesion which would resolve ethnic conflicts. This is a “Constitution of necessity”, which should bechanged, but when and in what way will depend on the political compromise of the three constituent peoples of BiH, which is nowhere in sight even after two decades of co-existence in a joint state.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 79-84
  • Page Count: 6
  • Language: Bosnian