Does Bosnia and Herzegovina need one Supreme Court? Cover Image

Treba li BiH jedan vrhovni sud?
Does Bosnia and Herzegovina need one Supreme Court?

Author(s): Ljubomir Ožegović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Fondacija Centar za javno pravo
Keywords: Bosnia and Herzegovina; Supreme Court; supreme jurisdiction; equality of citizens; legal justice system;

Summary/Abstract: The paper, which tries to answer the question of whether Bosnia and Herzegovina needs one Supreme Court, from theoretical and practical aspects, has shown the environment in which arguments are looked for in order to justify one of two possible answers and solutions. As in many other situations in life, which seems are not exceptions, so in this case it is not possible to find only those arguments that speak in favor of single answer. In order to attempt to find an appropriate solution, the author pays special attention to the supreme jurisdiction of the courts which are either constitutionally or by the law defined as the uniform application of law and ensuring the equality of citizens. After comparing this competence with the same powers of the supreme courts in other legal systems in the neighboring area and outside it, and bringing in correlation with certain international legal standards, the author tries to give a realistic view on how is possible to incorporate mentioned values in the legal justice system of Bosnia and Herzegovina.

  • Issue Year: 2/2011
  • Issue No: 4
  • Page Range: 39-44
  • Page Count: 6
  • Language: Bosnian, Croatian, Serbian