Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities

Karla Pranjic; Stjepo Pranjic

doi:doi:10.11648/j.ijls.20220502.16

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Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities

Karla Pranjic, Stjepo Pranjic

Published in International Journal of Law and Society (Volume 5, Issue 2)

Received: 27 April 2022 Accepted: 12 May 2022 Published: 24 May 2022

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Abstract

In 1995, Croats, Bosniaks, and Serbs stopped their war, under international coercion, in the preamble, and negotiated a provision according to which they, as constituent peoples, negotiated the Constitution of BiH. This provision represents a principle of constitutiveness of the Constitution and all other constitutional principles are its derivatives, i.e. without it (consent of the Constitution-makers) there would be no Constitution and then without its normative concretization into a case study there is no viable or maintained state. Since this agreement was created under coercion, then the (constitutive principle) the Constitution or BiH as a complex state is of an artificial character, which results in constant instability caused by conflicts over the status of constituent peoples. The status of constituent peoples is not ensured by equal rights of the two entities or equal influence in joint institutions. While one people has the right to adopt a constitution as an act exercising the right to self-organize its own entity, the other two peoples do not have that right. The asymmetric character, powers and functions of the House of Peoples in the two entities, and then inconsistent election rules and their interpretation, violation of suffrage, circumvention of the principle of parity and influence of the constituent people in the House of Peoples and in the institution of the collective Head of State, undermine the federal and constitutive principle of state - entity organization.

Published in	International Journal of Law and Society (Volume 5, Issue 2)
DOI	10.11648/j.ijls.20220502.16
Page(s)	182-197
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

De Facto Civil State, Principle of Constitutiveness of Constitution, Collective Political Rights, Suffrage, Political Rights, Nationally Organized Citizens, Subjective Political Rights of Citizens, Constituent Peoples

References

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Karla Pranjic, Stjepo Pranjic. (2022). Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities. International Journal of Law and Society, 5(2), 182-197. https://doi.org/10.11648/j.ijls.20220502.16

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ACS Style

Karla Pranjic; Stjepo Pranjic. Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities. Int. J. Law Soc. 2022, 5(2), 182-197. doi: 10.11648/j.ijls.20220502.16

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AMA Style

Karla Pranjic, Stjepo Pranjic. Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities. Int J Law Soc. 2022;5(2):182-197. doi: 10.11648/j.ijls.20220502.16

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@article{10.11648/j.ijls.20220502.16,
  author = {Karla Pranjic and Stjepo Pranjic},
  title = {Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {2},
  pages = {182-197},
  doi = {10.11648/j.ijls.20220502.16},
  url = {https://doi.org/10.11648/j.ijls.20220502.16},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220502.16},
  abstract = {In 1995, Croats, Bosniaks, and Serbs stopped their war, under international coercion, in the preamble, and negotiated a provision according to which they, as constituent peoples, negotiated the Constitution of BiH. This provision represents a principle of constitutiveness of the Constitution and all other constitutional principles are its derivatives, i.e. without it (consent of the Constitution-makers) there would be no Constitution and then without its normative concretization into a case study there is no viable or maintained state. Since this agreement was created under coercion, then the (constitutive principle) the Constitution or BiH as a complex state is of an artificial character, which results in constant instability caused by conflicts over the status of constituent peoples. The status of constituent peoples is not ensured by equal rights of the two entities or equal influence in joint institutions. While one people has the right to adopt a constitution as an act exercising the right to self-organize its own entity, the other two peoples do not have that right. The asymmetric character, powers and functions of the House of Peoples in the two entities, and then inconsistent election rules and their interpretation, violation of suffrage, circumvention of the principle of parity and influence of the constituent people in the House of Peoples and in the institution of the collective Head of State, undermine the federal and constitutive principle of state - entity organization.},
 year = {2022}
}

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TY  - JOUR
T1  - Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities
AU  - Karla Pranjic
AU  - Stjepo Pranjic
Y1  - 2022/05/24
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220502.16
DO  - 10.11648/j.ijls.20220502.16
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 182
EP  - 197
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220502.16
AB  - In 1995, Croats, Bosniaks, and Serbs stopped their war, under international coercion, in the preamble, and negotiated a provision according to which they, as constituent peoples, negotiated the Constitution of BiH. This provision represents a principle of constitutiveness of the Constitution and all other constitutional principles are its derivatives, i.e. without it (consent of the Constitution-makers) there would be no Constitution and then without its normative concretization into a case study there is no viable or maintained state. Since this agreement was created under coercion, then the (constitutive principle) the Constitution or BiH as a complex state is of an artificial character, which results in constant instability caused by conflicts over the status of constituent peoples. The status of constituent peoples is not ensured by equal rights of the two entities or equal influence in joint institutions. While one people has the right to adopt a constitution as an act exercising the right to self-organize its own entity, the other two peoples do not have that right. The asymmetric character, powers and functions of the House of Peoples in the two entities, and then inconsistent election rules and their interpretation, violation of suffrage, circumvention of the principle of parity and influence of the constituent people in the House of Peoples and in the institution of the collective Head of State, undermine the federal and constitutive principle of state - entity organization.
VL  - 5
IS  - 2
ER  -

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Author Information

Karla Pranjic

Faculty of Law, University in Mostar, Mostar, Bosnia and Herzegovina
Stjepo Pranjic

Faculty of Law, University Vitez, Travnik, Bosnia and Herzegovina

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APA Style

Karla Pranjic, Stjepo Pranjic. (2022). Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities. International Journal of Law and Society, 5(2), 182-197. https://doi.org/10.11648/j.ijls.20220502.16

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ACS Style

Karla Pranjic; Stjepo Pranjic. Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities. Int. J. Law Soc. 2022, 5(2), 182-197. doi: 10.11648/j.ijls.20220502.16

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AMA Style

Karla Pranjic, Stjepo Pranjic. Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities. Int J Law Soc. 2022;5(2):182-197. doi: 10.11648/j.ijls.20220502.16

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@article{10.11648/j.ijls.20220502.16,
  author = {Karla Pranjic and Stjepo Pranjic},
  title = {Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {2},
  pages = {182-197},
  doi = {10.11648/j.ijls.20220502.16},
  url = {https://doi.org/10.11648/j.ijls.20220502.16},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220502.16},
  abstract = {In 1995, Croats, Bosniaks, and Serbs stopped their war, under international coercion, in the preamble, and negotiated a provision according to which they, as constituent peoples, negotiated the Constitution of BiH. This provision represents a principle of constitutiveness of the Constitution and all other constitutional principles are its derivatives, i.e. without it (consent of the Constitution-makers) there would be no Constitution and then without its normative concretization into a case study there is no viable or maintained state. Since this agreement was created under coercion, then the (constitutive principle) the Constitution or BiH as a complex state is of an artificial character, which results in constant instability caused by conflicts over the status of constituent peoples. The status of constituent peoples is not ensured by equal rights of the two entities or equal influence in joint institutions. While one people has the right to adopt a constitution as an act exercising the right to self-organize its own entity, the other two peoples do not have that right. The asymmetric character, powers and functions of the House of Peoples in the two entities, and then inconsistent election rules and their interpretation, violation of suffrage, circumvention of the principle of parity and influence of the constituent people in the House of Peoples and in the institution of the collective Head of State, undermine the federal and constitutive principle of state - entity organization.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Key Shortcomings of the Constitutional-Political System Perpetuate the Disorganization of the State-Entities
AU  - Karla Pranjic
AU  - Stjepo Pranjic
Y1  - 2022/05/24
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220502.16
DO  - 10.11648/j.ijls.20220502.16
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 182
EP  - 197
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220502.16
AB  - In 1995, Croats, Bosniaks, and Serbs stopped their war, under international coercion, in the preamble, and negotiated a provision according to which they, as constituent peoples, negotiated the Constitution of BiH. This provision represents a principle of constitutiveness of the Constitution and all other constitutional principles are its derivatives, i.e. without it (consent of the Constitution-makers) there would be no Constitution and then without its normative concretization into a case study there is no viable or maintained state. Since this agreement was created under coercion, then the (constitutive principle) the Constitution or BiH as a complex state is of an artificial character, which results in constant instability caused by conflicts over the status of constituent peoples. The status of constituent peoples is not ensured by equal rights of the two entities or equal influence in joint institutions. While one people has the right to adopt a constitution as an act exercising the right to self-organize its own entity, the other two peoples do not have that right. The asymmetric character, powers and functions of the House of Peoples in the two entities, and then inconsistent election rules and their interpretation, violation of suffrage, circumvention of the principle of parity and influence of the constituent people in the House of Peoples and in the institution of the collective Head of State, undermine the federal and constitutive principle of state - entity organization.
VL  - 5
IS  - 2
ER  -

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