(UN)CONSTITUTIONALITY IN BOSNIA AND HERZEGOVINA AND POLITICAL VOLUNTARISM

Abstract

In this paper, the author deals with the problem of constitutional protection in Bosnia and Herzegovina and the (political) voluntarist tendencies that are increasingly expressed in the practice of the Constitutional Court of Bosnia and Herzegovina. Also, special attention is paid to the situation in which there is no single authentic text of the Dayton Peace Agreement, and thus of the Constitution of Bosnia and Herzegovina, which opens up space for selective translations and arbitrary interpretations of these documents. The paper discusses the status and competences of the Constitutional Court of Bosnia and Herzegovina, as well as the problem of the so-called extensive interpretation of the provisions contained in the Constitution of Bosnia and Herzegovina, and the actual influence of political Sarajevo on the Constitutional Court of Bosnia and Herzegovina, whereby the author came to (some) basic answers to the question of why the highest institution of judicial power, which has the primary task of protecting the constitutionality, directly undermines the rule of law in Bosnia and Herzegovina, and according to the demands of Bosniak political representatives.