Prospect of Abuse of Constitutionalism in Bosnia and Herzegovina: Constitutional Identity and the Constituent Peoples
The Constitution of Bosnia and Herzegovina is primarily notable for being an annex to the Dayton Peace Treaty that ended the 1992–1995 war. A significant aspect of this constitutional framework is its emphasis on the three main ethnic groups – Bosniaks, Croats, and Serbs – designated as constituent...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
De Gruyter
2025-06-01
|
| Series: | Comparative Southeast European Studies |
| Subjects: | |
| Online Access: | https://doi.org/10.1515/soeu-2025-0034 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850032623696478208 |
|---|---|
| author | Nurkić Benjamin Skrebo Edin |
| author_facet | Nurkić Benjamin Skrebo Edin |
| author_sort | Nurkić Benjamin |
| collection | DOAJ |
| description | The Constitution of Bosnia and Herzegovina is primarily notable for being an annex to the Dayton Peace Treaty that ended the 1992–1995 war. A significant aspect of this constitutional framework is its emphasis on the three main ethnic groups – Bosniaks, Croats, and Serbs – designated as constituent peoples, which play a central role in the state’s governance and institutions. The recent decision of the European Court of Human Rights (ECtHR) in the case of Savickis and Others v. Latvia has indirectly highlighted the (in)compatibility of certain constitutional solutions in Bosnia and Herzegovina with the principle of non-discrimination of the European Convention on Human Rights. In this article, the authors explain how the Constitutional Court of Bosnia and Herzegovina did not seek to implement the rulings issued by the ECtHR, but rather interpreted the constitutional identity of the country as being based precisely on the central role given to the constituent peoples. In so doing, the Constitutional Court, now also supported by the case Savickis and Others v. Latvia, created the prospect of abuse of constitutionalism in Bosnia and Herzegovina. |
| format | Article |
| id | doaj-art-2dc915fc321c43ee931f4582bb402a44 |
| institution | DOAJ |
| issn | 2701-8199 2701-8202 |
| language | English |
| publishDate | 2025-06-01 |
| publisher | De Gruyter |
| record_format | Article |
| series | Comparative Southeast European Studies |
| spelling | doaj-art-2dc915fc321c43ee931f4582bb402a442025-08-20T02:58:34ZengDe GruyterComparative Southeast European Studies2701-81992701-82022025-06-0173215418010.1515/soeu-2025-0034Prospect of Abuse of Constitutionalism in Bosnia and Herzegovina: Constitutional Identity and the Constituent PeoplesNurkić Benjamin0Skrebo Edin1Faculty of Law, University of Tuzla, Tuzla, Bosnia and HerzegovinaFaculty of Law, University of Milano-Bicocca, Milan, ItalyThe Constitution of Bosnia and Herzegovina is primarily notable for being an annex to the Dayton Peace Treaty that ended the 1992–1995 war. A significant aspect of this constitutional framework is its emphasis on the three main ethnic groups – Bosniaks, Croats, and Serbs – designated as constituent peoples, which play a central role in the state’s governance and institutions. The recent decision of the European Court of Human Rights (ECtHR) in the case of Savickis and Others v. Latvia has indirectly highlighted the (in)compatibility of certain constitutional solutions in Bosnia and Herzegovina with the principle of non-discrimination of the European Convention on Human Rights. In this article, the authors explain how the Constitutional Court of Bosnia and Herzegovina did not seek to implement the rulings issued by the ECtHR, but rather interpreted the constitutional identity of the country as being based precisely on the central role given to the constituent peoples. In so doing, the Constitutional Court, now also supported by the case Savickis and Others v. Latvia, created the prospect of abuse of constitutionalism in Bosnia and Herzegovina.https://doi.org/10.1515/soeu-2025-0034bosnia and herzegovinaconstitutional identityconstitutional courteuropean court of human rightssavickis and others v. latvia |
| spellingShingle | Nurkić Benjamin Skrebo Edin Prospect of Abuse of Constitutionalism in Bosnia and Herzegovina: Constitutional Identity and the Constituent Peoples Comparative Southeast European Studies bosnia and herzegovina constitutional identity constitutional court european court of human rights savickis and others v. latvia |
| title | Prospect of Abuse of Constitutionalism in Bosnia and Herzegovina: Constitutional Identity and the Constituent Peoples |
| title_full | Prospect of Abuse of Constitutionalism in Bosnia and Herzegovina: Constitutional Identity and the Constituent Peoples |
| title_fullStr | Prospect of Abuse of Constitutionalism in Bosnia and Herzegovina: Constitutional Identity and the Constituent Peoples |
| title_full_unstemmed | Prospect of Abuse of Constitutionalism in Bosnia and Herzegovina: Constitutional Identity and the Constituent Peoples |
| title_short | Prospect of Abuse of Constitutionalism in Bosnia and Herzegovina: Constitutional Identity and the Constituent Peoples |
| title_sort | prospect of abuse of constitutionalism in bosnia and herzegovina constitutional identity and the constituent peoples |
| topic | bosnia and herzegovina constitutional identity constitutional court european court of human rights savickis and others v. latvia |
| url | https://doi.org/10.1515/soeu-2025-0034 |
| work_keys_str_mv | AT nurkicbenjamin prospectofabuseofconstitutionalisminbosniaandherzegovinaconstitutionalidentityandtheconstituentpeoples AT skreboedin prospectofabuseofconstitutionalisminbosniaandherzegovinaconstitutionalidentityandtheconstituentpeoples |