Discretion power: The Constitutional court of Bosnia and Herzegovina as a 'political court'?

Discretion power: The Constitutional court of Bosnia and Herzegovina as a 'political court'?

This paper analyzes the political crisis produced in BiH society by decisions of the Constitutional Court of Bosnia and Herzegovina for cases U-3/13, U-18/16 and U-22/16. These cases are important case studies for the classical problem of political philosophy and contemporary jurisprudence - namely:...

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Main Author: Savanović Aleksandar
Format: Article
Language:English
Published: Faculty of Political Sciences, University of Banja Luka, Bosnia and Hercegovina and Institute for Political Studies, Belgrade, Serbia 2017-01-01
Series:Politeia
Subjects:
Discretionary authority
Constitutional Court of B&H
politics
judiciary
Bosnia and Herzegovina
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/2232-9641/2017/2232-96411714063S.pdf
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spelling doaj-c700893761794783ae714dd3fdcc17562020-11-24T23:17:12ZengFaculty of Political Sciences, University of Banja Luka, Bosnia and Hercegovina and Institute for Political Studies, Belgrade, SerbiaPoliteia2232-96412566-28052017-01-0171463792232-96411714063SDiscretion power: The Constitutional court of Bosnia and Herzegovina as a 'political court'?Savanović Aleksandar0Univerzitet u Banjoj Luci, Fakultet političkih nauka, Republika SrpskaThis paper analyzes the political crisis produced in BiH society by decisions of the Constitutional Court of Bosnia and Herzegovina for cases U-3/13, U-18/16 and U-22/16. These cases are important case studies for the classical problem of political philosophy and contemporary jurisprudence - namely: a discretion power problem of the highest judicial institution (Supreme or/and Constitutional courts). Must the highest judicial institution be 'political' by definition? Or is the 'political' influence of Supreme/Constitutional courts a result of their own intention to expand their power and influence? The role, practice and legacy of the highest judicial institution in an extremely divided society, such as BiH, is a kind of real-time experiment for this problem.http://scindeks-clanci.ceon.rs/data/pdf/2232-9641/2017/2232-96411714063S.pdfDiscretionary authorityConstitutional Court of B&HpoliticsjudiciaryBosnia and Herzegovina
collection DOAJ
language English
format Article
sources DOAJ
author Savanović Aleksandar
spellingShingle Savanović Aleksandar
Discretion power: The Constitutional court of Bosnia and Herzegovina as a 'political court'?
Politeia
Discretionary authority
Constitutional Court of B&H
politics
judiciary
Bosnia and Herzegovina
author_facet Savanović Aleksandar
author_sort Savanović Aleksandar
title Discretion power: The Constitutional court of Bosnia and Herzegovina as a 'political court'?
title_short Discretion power: The Constitutional court of Bosnia and Herzegovina as a 'political court'?
title_full Discretion power: The Constitutional court of Bosnia and Herzegovina as a 'political court'?
title_fullStr Discretion power: The Constitutional court of Bosnia and Herzegovina as a 'political court'?
title_full_unstemmed Discretion power: The Constitutional court of Bosnia and Herzegovina as a 'political court'?
title_sort discretion power: the constitutional court of bosnia and herzegovina as a 'political court'?
publisher Faculty of Political Sciences, University of Banja Luka, Bosnia and Hercegovina and Institute for Political Studies, Belgrade, Serbia
series Politeia
issn 2232-9641
2566-2805
publishDate 2017-01-01
description This paper analyzes the political crisis produced in BiH society by decisions of the Constitutional Court of Bosnia and Herzegovina for cases U-3/13, U-18/16 and U-22/16. These cases are important case studies for the classical problem of political philosophy and contemporary jurisprudence - namely: a discretion power problem of the highest judicial institution (Supreme or/and Constitutional courts). Must the highest judicial institution be 'political' by definition? Or is the 'political' influence of Supreme/Constitutional courts a result of their own intention to expand their power and influence? The role, practice and legacy of the highest judicial institution in an extremely divided society, such as BiH, is a kind of real-time experiment for this problem.
topic Discretionary authority
Constitutional Court of B&H
politics
judiciary
Bosnia and Herzegovina
url http://scindeks-clanci.ceon.rs/data/pdf/2232-9641/2017/2232-96411714063S.pdf
work_keys_str_mv AT savanovicaleksandar discretionpowertheconstitutionalcourtofbosniaandherzegovinaasapoliticalcourt
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