Bosna i Hercegovina - (ne)praktična politika i (ne)logično pravo

Abstract

There are numerous issues of the constitutional system of Bosnia and Herzegovina which are controversial. They are often conditioned by the author's ideological and political views, but also by different theoretical approaches to the analyzed problems. These are fundamental questions of every constitutional system, on the solution of which more important things than academic discussions depend like the functioning of the state and the realization of fundamental constitutional principles. The author of this paper has used the opportunity to present his views on a number of fundamental issues in one place, to explain them once again, to compare his views with the views of other authors and to point out the structural flaws in the Constitution itself, which allow opposing views. The author deals with issues such as: minimal and fundamental consensus necessary for the functioning of the constitutional system; the nature of the mandate of the members of the Presidency; the relationship between consociation and liberal democracy in the constitutional system; the problem of legal (dis)continuity of entities.