Constitutional Engineering in Post-Dayton Bosnia and Herzegovina

Abstract

This article reflects on the dynamics associated with state building in post-conflict Bosnia and Herzegovina (BiH) with a particular focus on the role of external agency. The debate over constitutional reform has featured prominently in BiH since the early 2000s. The objective of this reform was to transform Dayton into a functional institutional framework that prepared the country for both international withdrawal and EU integration. Based on a detailed analysis of two international initiatives launched in 2005 and 2009 this article analyses the reasons why constitutional engineering in post-Dayton BiH failed. More specifically, the article argues that this reform failed as a result of various shortcomings including international divisions; a democratic deficit inherent in the process; and the neglect of local conditions (including conflicting notions of the future form of the state by both local and external actors).