Genesis of the Constitutionality and Statehood of the Republic of Srpska. Constitutional Acts in Bosnia and Herzegovina in 1990 and 1991 Cover Image

Генеза конститутивности и државотворности Републике Српске. Конститутивни акти у Босни и Херцеговини у 1990. и 1991. години
Genesis of the Constitutionality and Statehood of the Republic of Srpska. Constitutional Acts in Bosnia and Herzegovina in 1990 and 1991

Author(s): Radomir Nešković
Subject(s): History of Law, Constitutional Law, Political history, Government/Political systems, Transformation Period (1990 - 2010), Period(s) of Nation Building
Published by: Fakultet političkih nauka Univerziteta u Banjoj Luci
Keywords: Constitutionality; constitution; amendments; shared sovereignty; hegemony; separatism; Yugoslav ideology; unconstitutional state of affairs; Council of Peoples; Serbian National Council;

Summary/Abstract: Constitutional (statehood) or foundation acts are those on which the establishment of a state is founded. These acts determine its statehood entities (part-owners of the state) in which the foundations of state organisation are defined. All other authorities (legislative, executive and administrative, and judicial) are extracted from constitutional acts which are synthesised in the Constitution as the highest political and legal act. Constitutional acts in Bosnia and Herzegovina in the abovementioned period influenced each other as the domino effect, since one act caused the adoption of another, thus, each state-building act had the cause and consequence feature. Constitutional act of representatives of a nation caused the adoption of a similar act among representatives of another nation, which resulted in the statehood authority losing its unique character and being “torn apart” into three national state-building authorities. In this text we mention the basic constitutional acts preceding the establishment of the Assembly of the Serb People in Bosnia and Herzegovina.

  • Issue Year: 2/2012
  • Issue No: 4
  • Page Range: 101-119
  • Page Count: 19
  • Language: Serbian