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CONSTITUTIONAL, LEGAL AND POLITICAL ALGORITHM OF THE ELECTORAL LAW REFORM IN BOSNIA AND HERZEGOVINA

Ivan Vukoja ; Institut za društveno-politička istraživanja (IDPI)
Milan Sitarski ; Institut za društveno-politička istraživanja (IDPI)


Puni tekst: hrvatski pdf 84 Kb

str. 505-521

preuzimanja: 515

citiraj


Sažetak

Electoral Law and entire political life of Bosnia and Herzegovina are strongly determined
by judgments of the Constitutional Court and European Court for Human Rights,
which are mirroring questions: „Who can be candidates and who can vote for members
of the Presidency of Bosnia and Herzegovina and House of Peoples of the Parliament of
the Federation Bosnia and Herzegovina?“, more precisely – „Who are and who should be
members of the Presidency and delegates in House of Peoples, and who are/should be
their voters?“. In dynamical political debates on these topics, more and more actual since
they are threatening now with institutional blockade of almost entire political system, offered
solutions were based mostly on the restrictive interpretation of the State Constitution,
in the spirit of „quasi-representative democracy“, with neglecting of the opportunities for
Constitution’s interpretation in the spirit of the representative democracy. There was also
neglecting of the opportunities for implementations of the models based on the proportional
representation of all the „specific demoses“ which should elect bodies designed for
representation of the constituent peoples and Others, in accordance with their distribution
within different administrative-territorial units. In the first part of this work exactly these
models are elaborated, and they are based on the concepts of G. Puljić which are further
elaborated here. On the basis of the question „Who are the members of the Presidency and
whom do they represent?“, second part of this work elaborates relation of the legitimacy
which emerges out of representation of Entities as administrative-territorial units and representation
of constituent peoples as carriers of sovereignty, two specific features of the
constitutional system of Bosnia and Herzegovina.

Ključne riječi

Electoral Law; Constitution of Bosnia and Herzegovina; legitimate representation; representative democracy; constituent status.

Hrčak ID:

234913

URI

https://hrcak.srce.hr/234913

Datum izdavanja:

4.6.2018.

Podaci na drugim jezicima: hrvatski

Posjeta: 992 *