Constitutional Principles in Bosnia and Herzegovina: Legal Theory and Judicial Deciding

Abstract

The basic thesis of this essay is that constitutional principles and legal rules can have a meaning in judicial decision, when legal order imparts significance to judicial practice. Research and analysis of implementation of constitutional principles in the practice of courts in Bosnia and Herzegovina, especially in the practice of three constitutional courts, so far has not proved sufficient. To what amount the constitutional principles are used in direct implementation of constitutional principles, is just one of the questions that come up regarding this topic.

It is also interesting and important to explore in what way the practice of the Constitutional Court of Bosnia and Herzegovina in deciding on the abstract constitutionality of laws and in appellate jurisdiction shows the application of legal principles in the decisions of the supreme courts of entities and Appellate court of Brčko district of Bosnia and Herzegovina. That is because some general principles are a part of the human rights and fundamental freedoms mentioned in the Constitution of Bosnia and Herzegovina. It should also be added that the practice of the European Court of Human Rights through its decisions in applying the Convention for the Protection of Human Rights and Fundamental Freedoms affects the practice of the supreme courts of entities and the application of the legal principles that are part of the Convention.