Pregledni rad
https://doi.org/10.47960/2831-0322.2023.2.27.145
NORMATIVE ANALYSIS OF THE ELEMENTS OF CONSOCIATION DEMOCRACY IN BOSNIA AND HERZEGOVINA
Cvija Jurković
orcid.org/0009-0007-1587-3786
; Pravni fakultet Sveučilišta u Mostaru
Ivan Tomić
orcid.org/0000-0003-2058-5272
; Pravni fakultet Sveučilišta u Mostaru
Sažetak
In the paper, the authors analyze consociational democracy as a special model of democracy
for divided societies. Since there are more social segments in divided societies, the
application of the mechanisms of majoritarian democracy can threaten minority segments
and thus take on an anti-democratic character. In the paper the authors will define the
consociational model of democracy, make a comparison between consociational, consensus
and majority democracy and examine the existence of this model at the normative level in
Bosnia and Herzegovina. Since there are conflicting opinions as to whether consociational
democracy should be applied in Bosnia and Herzegovina, the authors will demonstrate
that consociational democracy exists on a normative level by examining the presence of
social segments and the four fundamental principles of consociational democracy in the
domestic legal order: great coalitions of leaders of all social segments, the autonomy of segments,
the principle of proportionality and the veto mechanism for the protection of social
segments. The analysis will also show that the mechanisms of consociational democracy,
especially the often disputed veto mechanism, did not lead to the establishment of the tyranny
of the minority. The vital national interest procedure as a kind of veto mechanism
in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina was
applied in approximately 90% of cases by the most numerous social segment in Bosnia
and Herzegovina. Therefore, the key question is not whether consociational democracy
should be applied, but how to improve the efficiency of consociational mechanisms in
order to achieve a stable democracy.
Ključne riječi
consociational democracy; majority democracy; consensus democracy; divided society; social segments.
Hrčak ID:
312070
URI
Datum izdavanja:
22.12.2023.
Posjeta: 212 *