Original scientific paper
https://doi.org/10.20901/an.15.02
A War by Other Means? Conceptions of Democracy and the Election Law in Bosnia and Herzegovina
Ivan Pepić
; Institute for Social and Political Research Mostar, Mostar, Bosnia and Herzegovina
Abstract
This article discusses the political effects of two different conceptions of democracy in ethnically deeply divided societies. It considers the conflicts with clear historical roots by analysing the case of the Election Law of Bosnia and Herzegovina which involves two irreconcilable ideas of democracy expressed by the political elites of two communities, the Bosniaks and the Croats. The first part explains the conflict between Bosniak and Croat political elites, which have respectively, been trying to impose either the majoritarian or the consociational system since the 1990s. The second part discusses the decisions of the European Court of Human Rights and of the Constitutional Court of Bosnia and Herzegovina on electoral rules. It is argued that the imposition of integrationist-like rules and the suspension of consociational arrangements in the Election Law has increased divisions between the two ethnic communities. Finally, the article analyses the proposed amendments to election rules submitted to both state and entity parliaments, which confirm the existence of clearly irreconcilable visions of democracy within the Bosniak-Croat Federation.
Keywords
Constitutional Court; election law; Bosniak-Croat Federation; concepts of democracy
Hrčak ID:
216204
URI
Publication date:
24.1.2019.
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