Однос политичких институција у уставном систему Републике Српске
Relationship Between Political Institutions in the Constitutional System of the Republika Srpska

Author(s): Goran Marković
Subject(s): Constitutional Law, Politics and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Political institutions; National Assembly; Government; President of the Republic; Parliamentary system; Semi-presidential system;
Summary/Abstract: The author deals with the relationship between the political institutions in the constitutional system of the Republika Srpska – the National Assembly, the Government and the President of the Republic. Several reasons influenced the choice of this topic and the determination of the research goals. The constitutionalists have not yet tried to answer the question about the legal nature of the system of state power of the Republika Srpska, being satisfied with mostly unexplained hypotheses about parliamentarism and parliamentary democracy. The Constitution of the Republika Srpska contains a series of provisions on the relations of political institutions, which lead to the conclusion that the semi-presidential system has been constitutionalized. These provisions give significant competencies to the President of the Republic, which enable this institution, under certain political conditions, to become a central political institution.The analysis takes place on two levels – positive-legal and abstract-theoretical, using legal, comparative, politological, and historical methods. The basis of the paper is the analysis of constitutional provisions on competencies and mutual relations of political institutions. This analysis is supplemented by theoretical considerations on the systems of state power – parliamentary and semi-presidential, in order to reach a conclusion on which of them is constitutionalized in the Republika Srpska. The usage of the comparative method should also serve this purpose. The usage of the politological method is inevitable, since the balance of legislative and the executive powers enacted by the Constitution, with the role of the President of the Republic to express the state unity, is not achieved in reality, because there is the dominance of the executive. The political science method should make it possible to answer the question what the real relationship of political institutions is and how much power each of them has. The author concludes that the Republika Srpska has a semi-presidential system of government. The competencies of the President of the Republic make him a potentially active state authority, which will not only arbitrate between the National Assembly and the Government, but also actively participate in policy-making.

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