Continuity of Unconstitutional and Illegal Action on the Political Scene in Bosnia and Herzegovina from the End of the XIX Century to the Present Day – Reality or Imagination Cover Image

Kontinuitet neustavnog i protupravnog djelovanja na političkoj sceni u Bosni i Hercegovini od kraja XIX vijeka do danas - realnost ili imaginacija
Continuity of Unconstitutional and Illegal Action on the Political Scene in Bosnia and Herzegovina from the End of the XIX Century to the Present Day – Reality or Imagination

Author(s): Ajdin Huseinspahić, Sedad Dedić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Political history, Recent History (1900 till today), 19th Century
Published by: Filozofski fakultet Univerziteta u Tuzli
Keywords: unconstitutionality; illegality; Novi Pazar Convention; the Sangermen Peace Treaty; Vidovdan Constitution; ZAVNOBiH; Constitution of the FPRY; Constitutional Court;

Summary/Abstract: From the time of the Austro-Hungarian occupation of Bosnia and Herzegovina (BiH) until today, there have been occasional but continuous attacks on the territory, the population, and sovereignty of Bosnia and Herzegovina. No matter how the agreements of the Novi Pazar Convention, the Sangermen Peace Treaty, the Vidovdan Constitution, or the Zavnobih principles were violated and circumvented, the attack on the independent, sovereign, and complete BiH, a country of equal peoples and others, ie citizens, continued with equal intensity after the 1990s. XX century until today. The paper presents the continuity of fraud in terms of legal regulations, ie the legal order of Bosnia and Herzegovina.We are witnessing continuous unconstitutional and illegal activities in BiH, and whose political mentors and tutors almost always came from outside BiH, while the concrete action was carried out and is still carried out by certain Bosnian Serb and Croat political entities who often behave completely servilely concerning the national policies of neighboring countries: Croatia and Serbia, but also certain international factors due to the consequences of Islamophobia are often willing to ignore the rule of law and human rights in Bosnia and Herzegovina, what they jealously protect in their countries.The example of promoting the unconstitutional Day of the Republika Srpska entity and the overall state of legal unfoundedness and political hysteria created around it testifies to the claim that the political destiny of this country is still largely conditioned by local servility, and not by correct political-partnership relations with Serbia and Croatia.Given this, it is quite certain that the constitutional consistency and consociational model of democracy as well as the principle of the constituency of the people, although a big noose around the neck of this country on the path to a civil state and full realization of human rights, is extremely important legal and political support in Bosniak and all other patriotic forces in Bosnia and Herzegovina, which should be used properly in an insincere and ill-intentioned environment.The work in front of you contains two interrelated parts, the first part which refers to several historically important legal documents, from the end of the 19th century, which are mala fide the activity of differentsubjects, who initially proclaimed them and even stood behind them, played or derogated fraus legis, and the second part indicates the continuity of these actions, both domestically and internationally when it comes to the current time and recent history of political and legal relations in BiH.

  • Issue Year: XVI/2021
  • Issue No: 16
  • Page Range: 351-380
  • Page Count: 30
  • Language: Bosnian