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Bibliographische Detailangaben
1. Verfasser: Išerić, Harun (VerfasserIn)
Format: Elektronisch E-Book
Sprache:Bosnian
Veröffentlicht: Sanski Most [Bosnia and Herzegovina] Fondacija Centar za javno pravo 2017
Schlagworte:
Online-Zugang:BSB01
Beschreibung:Ever since BH Constitution entered into the force in 1995 political and academic voices from Republika Srpska have been claiming that the state has just ten exclusive competences listed in Article III of the Constitution. Research has shown that Constitution as interpreted by the Chamber/Commission for Human rights and the BH Constitutional Court, provide a state with more than just ten exclusive competences and recognizes joint competences of BH and entities. There are also two types of joint competences: parallel and competitive one. Almost every article of the Constitution is the basis for the establishment of exclusive competences of the state or joint competences of the state and entities. This is especially evident with regard to Article I - Bosnia and Herzegovina, Article II - Human rights and fundamental freedoms, and articles by which the state institutions are established: Parliamentary Assembly, the Presidency, the Constitutional Court and the Central Bank (Articles IV - VII). Operationalization of these constitutional norms depends of existence of political will and absence of blockage in BH institutions. Because of the existing blockages, which are often justified by the absence of clear constitutional standards of competence in a particular case, it is necessary to amend the Constitution in order to harmonize the text of the Constitution with what is constitutional reality in regard to competence division in constitutional order of BH.
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