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- Title
USTAV BOSNE I HERCEGOVINE 1995. I 2022. GODINE.
- Authors
Akšamija, Neven; Jahić, Kemal
- Abstract
In this text, the basic characteristics of the constitution of Bosnia and Herzegovina are explored, from the year of 1995, when the constitution came into force, to the year of 2022., the year in which this research was done, from the aspect of the responsibilities (competencies) of the Institutions of Bosnia and Herzegovina, and the distribution of the competencies between the state and the entities. The goal of this research was to prove that even without any amendments to the Constitution of Bosnia and Herzegovina which would alter the competencies of the Institutions of Bosnia and Herzegovina, the responsibilities, and the distribution of responsibilities between the state and entities have been altered, with the use of other mechanisms. Another goal of this research was to prove that the deficit in the responsibilities of the institutions of Bosnia and Herzegovina was in part caused by the inadequate implementation of core constitutional responsibilities of the Institutions of Bosnia and Herzegovina, which was frequently plagued by obstructions, but also, that the legislator has, other than the constitutional mechanism of the transfer and assuming of responsibilities resorted to different mechanisms of establishing the responsibilities of the Institutions of Bosnia and Herzegovina, of which the framework legislation stands out. Furthermore, another goal of this research was to point out that the problems of the constitution of Bosnia and Herzegovina in the year 2022 are not the responsibilities of the Institutions of Bosnia and Herzegovina, but other problems such as obstructions and the lack of possibility of banning political parties and the dismissal of office holders for the breach of constitution. The part of this text which consists of original research has covered, with the use of the analytical, dogmatic, normative, axiological, comparative, and in lesser part, the legal historical method, a great number of sources, most of which were laws, but also constitutional provisions and the rulings of the Constitutional Court of Bosnia and Herzegovina which, in effect gave rise to another goal, which was researching how a few rudimentary institutions transformed into more than eighty institutions which we have today, which have even more competencies which the state of Bosnia and Herzegovina now holds. And finally, the legal possibility of transferring responsibilities back to the entities from the state level has been explored, which turned out to be in fact and in essence nonexistent, other than the possibility of constitutional amendments followed by appropriate legal framework on the state level.
- Subjects
BOSNIA &; Herzegovina; CONSTITUTIONAL amendments; POLITICAL parties; GOVERNMENT liability; POSSIBILITY
- Publication
Legal Thought / Pravna Misao, 2022, Issue 11/12, p7
- ISSN
0555-0092
- Publication type
Article