The New Constitution of Bosnia and Herzegovina

Abstract

The Constitution of Bosnia and Herzegovina (hereinafter the New Constitution)1 has come into being as Annex 4 to the General Framework Agreement for Peace in Bosnia and Herzegovina. It has been in effect since December 14, 1995, upon the signing in Paris of the latter.2 The plain language of the New Constitution states that it is a constitution determine[d]3 by the constituent peoples~the Bosniacs, the Croats, and the Serbs—and intended to continue the existence of the Republic of Bosnia and Herzegovina4 and to amend and supersede5 the Constitution of the Republic of Bosnia and Herzegovina (hereinafter the Old Constitution).6 Is it a legitimate amendment? Is it the result of a democratic constitution making process? The content and structure of the New Constitution indicate that it aspires to build one nation with two territorial component Entities-the Federation of Bosnia and Herzegovina and Republika Srpska-while preserving the sovereignty of the constituent peoples. What are the basic structures of this nation? Is it going to succeed? This paper comments on these issues in an effort to provoke debate. Part I argues that questions may be raised about the legitimacy of the New Constitution as a democratic constitution and proposes that to alleviate such concerns the respective legislatures of the Entities ratify the New Constitution if they have not done so