Five Years of Constitutional Jurisprudence in Bosnia and Herzegovina: A First Balance. EDAP paper, 7/2004

Marko, Joseph. (2004) Five Years of Constitutional Jurisprudence in Bosnia and Herzegovina: A First Balance. EDAP paper, 7/2004.

Abstract

The article reflects the experiences of the author after having served as one of the three international judges of the Constitutional Court of BiH from 1997 to 2002. Based on the relevant case-law of the Constitutional Court it gives a basic overview of the constitutional structure of BiH and analyses the position of the Court vis-à-vis other institutions established under the Dayton-Agreement and the powers of judicial review and human rights protection based on its appellate jurisdiction. Moreover means of interpretation and the elements of constitutional doctrine elaborated through case-law as well as organisational and procedural matters such as the role of dissenting opinions are discussed. In conclusion the article reflects the role of the Constitutional Court in transition from an ethnically divided and war-torn society to democracy and the effective protection of human and minority rights.