General Framework Agreement for Peace in Bosnia and Herzegovina and Sociological Functions of the Constitution of Bosnia and Herzegovina as the Basis of De / Stabilization and Dis / Functionality of the State

Abstract

The author explain the importance of the conditions and circumstances under which the state constitution is adopted and their reciprocal impact on the applicability of the constitution in practice. The focus of the analysis is on considering the possibility of exercising the sociological functions of the Constitution of Bosnia and Herzegovina (symbolic, legitimizing and integrative function), in the context of the conditions that led to the signing of the General Framework Agreement for Peace in Bosnia and Herzegovina, as well as in connection with subsequently established and court-verified facts confirming the violation of international law. Arguments for the possibility of achieving and strengthening the sociological functions of the Constitution of Bosnia and Herzegovina, the author finds in the history of Bosnia and Herzegovina, which is characterized by centuries of tradition of coexistence and tolerance. The paper concludes that the Constitution of Bosnia and Herzegovina performs sociological functions in the basic elements, but that these functions can be developed and strengthened over time. However, the author emphasizes that there is a danger of the emergence of opposite tendencies that can lead to the disintegration of society, which is confirmed by the current political situation in Bosnia and Herzegovina.