IDPI

Tag "election law"

    Democracy, democratic representation, and constitutional logic of ethnic electoral units in Bosnia-Herzegovina

Democracy, democratic representation, and constitutional logic of ethnic electoral units in Bosnia-Herzegovina

What is a problem with the election of Željko Komšić as a BiH Presidency member?

As Drazen Pehar explains, the election of Komšić stands in violation of the Dayton Constitution for Bosnia-Herzegovina, in particular of the preamble to the Constitution. Since the BiH Election Law currently in force sanctions the election, the law itself is unconstitutional. As a part of the explanation, Pehar offers a detailed argument in support of the theses that, first, in this part, the election law is actually an effect of a flawed and unpersuasive interpretation of the Dayton Constitution, and, secondly, that the logic of the Constitution plausibly interpreted supports the idea of ethnic electoral units.

Read Full Article