Ending Consociational Power-Sharing. The Sejdić and Finci Case and the Prospects for Constitutional Reform in Bosnia and Herzegovina
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Hildur Boldt
Works at the Kalevi Sorsa Foundation in Finland
Abstract
Consociationalism is frequently adopted as a tool to resolve conflicts in deeply divided societies. It is increasingly considered only a transitional arrangement, because it is an impediment to democracy and social peace in the long-term. It is therefore relevant to explore the possibilities to end consociational arrangements.
Bosnia and Herzegovina has by all accounts a dysfunctional and discriminatory political system based on ethnic representation. Corporate consociational provisions of the constitution were found to be in violation of the European Convention of Human Rights in the Sejdić and Finci case. This thesis seeks to understand the legal and political effects of that judgment and the prospects of ending the corporate consociational arrangements in Bosnia and Herzegovina, in order to allow for politics that are not solely based on ethnicity.
The prospect for constitutional reform are discussed based on previous attempts at constitutional reform in Bosnia and Herzegovina; the Dutch, Austrian and South African experiences; and insights from theory of democratic transitions.
About the author
Works at the Kalevi Sorsa Foundation in Finland
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Inhalt
- Preface
- Looking to New Horizons
- Articles
- Constitutional recognition of the agrarian collective and their rights to govern mineral resources in South Sudan
- On Climate Migration and International Trade
- On the Disruption of Post-colonial Constitutional Order: Hans Kelsen or Carl Schmitt?
- Special Topic
- The Austrian Administrative Court as a tribunal – justified double standard under Art 6 para 1 ECHR? Reflections following the judgment of the ECtHR in the case of Steininger v Austria
- Constitutional Developments in Austria
- IP Addresses and the Right to Secrecy of Telecommunications
- EMA@ICL
- Ending Consociational Power-Sharing. The Sejdić and Finci Case and the Prospects for Constitutional Reform in Bosnia and Herzegovina
- Book Reviews
- Wolfgang Benedek, Florence Benoît-Rohmer, Wolfram Karl, Manfred Nowak, Matthias C. Kettemann (eds.), European Yearbook on Human Rights 2011, Neuer Wissenschaftlicher Verlag, 2011, ISBN 978-3-7083-0769-5, 592 pp.
Articles in the same Issue
- Inhalt
- Preface
- Looking to New Horizons
- Articles
- Constitutional recognition of the agrarian collective and their rights to govern mineral resources in South Sudan
- On Climate Migration and International Trade
- On the Disruption of Post-colonial Constitutional Order: Hans Kelsen or Carl Schmitt?
- Special Topic
- The Austrian Administrative Court as a tribunal – justified double standard under Art 6 para 1 ECHR? Reflections following the judgment of the ECtHR in the case of Steininger v Austria
- Constitutional Developments in Austria
- IP Addresses and the Right to Secrecy of Telecommunications
- EMA@ICL
- Ending Consociational Power-Sharing. The Sejdić and Finci Case and the Prospects for Constitutional Reform in Bosnia and Herzegovina
- Book Reviews
- Wolfgang Benedek, Florence Benoît-Rohmer, Wolfram Karl, Manfred Nowak, Matthias C. Kettemann (eds.), European Yearbook on Human Rights 2011, Neuer Wissenschaftlicher Verlag, 2011, ISBN 978-3-7083-0769-5, 592 pp.
