Pregledni rad
EGALITARIAN BICAMERALISM OF THE PARLIAMENT OF THE FEDERATION OF BOSNIA AND HERZEGOVINA
Boris Barun
; J.P. Elektroprivreda HZHB d.d. Mostar
Sažetak
In a modern democratic society, the rule of law represents the only acceptable state legal order. One of the fundamental conditions for the existence of the rule of law is the existence and observance of the principle of division of authority. An integral and unavoidable part of the horizontal division of authority is the bicameral structure of representative bodies. The Parliament of the Federation of Bosnia and Herzegovina has a bicameral structure – one house (House of Representatives) is civil and it expresses the idea of representative democracy, and there are certain controversies about the legal nature of the upper house (House of Peoples), which we will try to clarify in this paper. From the aforementioned bicameral structure of the
Parliament of the Federation, its form of constitutional (state) organization can be read, and from the legal nature of its upper house, the form of political organization (system, order). The paper points out the congruence in the powers of the houses of the Parliament of the Federation, as well as the unreserved need to maintain the status quo in terms of the functional capacity of the upper house of the Parliament, so that it continues to be the only guarantee for the effective participation of the constituent peoples in the decision-making process in terms of preventing absolute domination one social group over another, because how will collective equality be achieved if the parliamentary houses are not equal. Also, in the paper we will try to prove that in uninational federations it is less important whether the upper house will be equal to the general representative (citizen) house,
but it is of crucial importance in plurinational federations (such as Bosnia and Herzegovina and its larger federal unit), either that the upper house is, exclusively or dominantly, the representation of the federal units, which is the case when they are nationally homogeneous, whether it is predominantly the representation of the constitutive communities (nations).
Ključne riječi
Hrčak ID:
315494
URI
Datum izdavanja:
25.3.2024.
Posjeta: 101 *