Aporias of ethnic federalism in Bosnia and Herzegovina – an (un)successful post-conflict federal experiment Cover Image

Aporije etničkog federalizma u Bosni i Hercegovini – (ne)uspeli postkonfliktni federalni eksperiment
Aporias of ethnic federalism in Bosnia and Herzegovina – an (un)successful post-conflict federal experiment

Author(s): Darko Simović
Subject(s): Constitutional Law, Political history, Government/Political systems, Politics and law, Transformation Period (1990 - 2010), Present Times (2010 - today), Inter-Ethnic Relations, Politics and Identity
Published by: Fondacija Centar za javno pravo
Keywords: Ethnic federalism; Bosnia and Herzegovina; inadequate constitutional framework; constitutional reform;

Summary/Abstract: This paper is aimed as responding to the dilemma as to whether the non-functionality of the federalism in Bosnia and Herzegovina is a consequence exclusively of inadequate constitutional framework or should causes be sought in factors outside the institutional ones. With that intent, the first part of the paper analyzes the extent to which the Dayton Agreement avails ideal-typical or at least favourable traits that enable the effectuation of all those functions expected of a fundamental law in a modern constitutional state. In the second part of the paper, the author aims to identify political factors that are impeding the effective functioning of the constitutional system. In accordance with the results of such studies, in the conclusion of the paper the author will discuss the extent to which constitutional reform can be expected and what kinds of strategy should be undertaken for the purpose of improving the functionality of the constitutional system of Bosnia and Herzegovina.

  • Issue Year: 10/2019
  • Issue No: 38
  • Page Range: 93-109
  • Page Count: 17
  • Language: Serbian