THIRD PARTIAL DECISION OF THE CONSTITUTIONAL COURT OF B&H ABOUT CONSTITUTIONALITY OF PEOPLES IN BOSNIA AND HERZEGOVINA

Abstract

Constitutionality of the peoples is one of the most frequent terms used in the post - Dayton era of B&H state functioning. The specificity of the existence of constituent binds to B&H and its complex constitutional organization, because the comparative law knows no such terminology. In the political sphere it was first mentioned in the process of dissolution of Yugoslavia, and in the constitutional order of B&H enters through the Constitution of the FB&H, and Constitution of B&H. Following the adoption of the Constitution set the important question of the importance of constituent peoples in terms of whether it is a collective right to a certain cooperation or equal to the concept of sovereignty, and that it applies only to representation in state government at the state level and throughout Bosnia and Herzegovina. This is driven by the various discussions which are usually given to political connotations. The best answer to such questions is given by the Constitutional Court through the third partial Decision on Constituent Peoples, through which prism we look the meaning of the constituent peoples in B&H.

Keywords

• constitution
• constituent peoples
• entities
• segregation