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MERITS AND UNDERSTANDING OF THE CONSTITUTIONAL COURT OF BIH RULING U-23-14

Valentino Grbavac ; Institut za društveno-politička istraživanja (IDPI)
Ivan Pepić ; Institut za društveno-politička istraživanja (IDPI)
Ivan Vukoja ; Institut za društveno-politička istraživanja (IDPI)


Puni tekst: hrvatski pdf 70 Kb

verzije

str. 523-534

preuzimanja: 1.150

citiraj


Sažetak

The following article highlights the key parts of the Ljubić case and describes
its merits and meaning. It can be a guide design a new electoral code. In sum, the ruling
makes clear that: 1) The current election law violates the rights of the Constituent Peoples
to elect their legitimate representatives, as enshrined in BiH’s Constitution, as the current
election law has created a system that enabled for the representatives of the Constituent
Peoples to the Federation House of the Peoples to be elected without being the legitimate
representatives of the Constituent People. 2) The right of the Constituent People to elect
their legitimate representatives also applies to all other state institutions that were designed
to protect the rights of the Constituent People, including the House of Peoples of BiH
and the three-member Presidency of BiH. 3) Members of one Constituent Peoples must
be able to elect their legitimate representatives by themselves, without any interference by
the members of the other two Constituent Peoples. 4) One vote within each of the electoral
units (in the case of the House of Peoples of the Parliament of the FBiH, within each of
the three constituent peoples and the Others) must have equal value.

Ključne riječi

BiH Constitution; Constitutional Court of BiH; Ljubic Case; Constituency; Legitimate Representation; Equality.

Hrčak ID:

234915

URI

https://hrcak.srce.hr/234915

Datum izdavanja:

4.6.2018.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.876 *