Collective head of state and government system: Bosnia and Herzegovina solutions in the comparative law

Abstract

The collective head of state is one of the hallmarks of the unity of government. Still, on examples of its division, the dominance of the head of state within the executive indicates significant influence or predominance of elements of the presidential system. The atypical nature and complexity of BiH's structure is reflected in the position of its presidency as the collective head of state. Although the nature of this country, with its mix of federal, confederate and consociational democracy elements, cannot be classified under classical theoretical models, with the analysis of certain provisions of the BiH Constitution and their systematic interpretation, we can draw certain conclusions regarding the organization of power and the position of the head of state in it. However, the legal system in this country has been developing unconstitutionally outside of the Constitutional framework for a long time, which has particularly been reflected on the functioning of the authorities at the BiH level, with tendencies that do not follow the basic constitutional concept of the collective head of state. In this work the constitutional provisions on the position of the Presidency of BiH, its composition, election and competencies, and therefore conclusions were drawn about the concept of organization of government at the level of this state, its realization and deformities.

Keywords

• head of state
• presidency of bih
• presidential system
• entities
• constitutivity