Editors' Note Cover Image

Uz ovaj broj
Editors' Note

Contributor(s): Edin Šarčević (Editor)
Subject(s): Editorial
Published by: Fondacija Centar za javno pravo
Keywords: Supreme Court; Bosnia and Herzegovina; justice; law;

Summary/Abstract: Establishing a single Supreme Court in Bosnia and Herzegovina is still a matter of political testing how far the Entities can go with self-institutionalization into a governmental community. Preliminary analyses of this topic is out of the political discourse and is done through legally oriented procedure by: Nurko Pobrić, the analysis of the deficit of Dayton constitutional construct, Branko Perić, the analysis of “imposed judicial authorities” which has eliminated the absence of Dayton structure of the justice system. The first author advocates the establishment of a supreme court and shows the constitutional grounds as well as jurisdictional postulates for its institutionalization; the other author concludes that one Supreme Court is not required since currently the functioning of the system of justice is not a problem and therefore the existing system should be stabilized with the harmonization of entity laws. Both analyses deserve careful reading and even more careful comparison of opposing arguments. Reviewing the analysis in the context of jurisdictional practice and the demand of jurisprudence that has been presented in the previous issue of Volumes can give a legal answer to the question about needs, form and jurisdiction of a Supreme Court of BH.

  • Issue Year: 2/2011
  • Issue No: 5
  • Page Range: 1-3
  • Page Count: 3
  • Language: Bosnian, English, Croatian, Serbian