Formal and factional changes and amendments of the Constitution of Bosnia and Herzegovina: How further can we go?

“Having in mind legislative nature of the Constitution of BiH as well as the specificity of the Bosnian-Herzegovinian state and constitutional and legal system, the matter of this analysis are formal and factional aspects of changing and amending Constitution of BiH. The key issue that is ahead us all the time is: are social, economic, legal, political and all other reasons strong enough to move the issue regarding Constitution of BiH from the dead point? If the answer to the mentioned question is affirmative, which government authority in this case will lead the process of constitutional reforms and how further can these reforms go? My opinion is that changes and amendments of the Constitution should be conducted institutionally which requires more active and responsible engagement of all state authority instances. However, current social-political relations points to the fact that there is no will in Bosnia and Herzegovina that is actually necessary for initiating the procedure of changing and amending Constitution of BiH. As a representative authority, Parliamentary Assembly of BiH has very important role in the process of constitutional reform, whether the formal or factional changes and amendments we are talking about. Besides Parliamentary Assembly, the key state authority for (eventual) factional changes and amendments of the Constitution of BiH is actually the Constitutional Court of BiH that in this particular process (and in this phase of social stagnation) is required and expected (with justification) more exceptional and positive constitutional and legal activism. It is about the time to provide new meaning to legislative provisions and that the principle of rule of law becomes primarily instance of modern Bosnian-Herzegovinian constitutional system”, said Dženeta Omerdić, mandatory professor at the Law Faculty at the University in Tuzla in her analysis published at the page of the Foundation Public Right Center.

The complete analysis is available  OVDJE