Bibliographic Details

Main Author:	Išerić, Harun (Author)
Format:	Electronic eBook
Language:	Bosnian
Published:	Sanski Most [Bosnia and Herzegovina] Fondacija Centar za javno pravo 2019
Subjects:	Constitutional Law Government/Political systems Politics and law
Online Access:	BSB01
Item Description:	In the Paper I examine the role of the Constitutional Court in profiling the federal structure of Bosnia and Herzegovina. Although the Court has missed the opportunities to define Bosnian state as a federation, it has treated it as such, by, for example, indicating the comparative experience of federal states when resolving different cases. Furthermore, I discuss how the Court interpreted the supremacy clause (which proclaims supremacy of the state over entities) and where it failed to do so. When it comes to the competence division between state and entities, the Court has played important role in expending exclusive competences of the state, strengthening state institutions and introducing common competences, precisely framework legislation, which is unknown to the Constitution. On the other hand, the Court failed to introduce unwritten constitutional principle of "federal comity", especially regarding sensitive issues such as foreign policy. Finally, I discuss how the Court has profiled a cooperative federalism in Bosnian constitutional law and what legal and political consequences it has for the country
Physical Description:	1 Online-Ressource(1 p. 41)