The Lawmaking Potential of the Constitutional Court in Bosnia and Herzegovina's Human Rights Protection Mechanism

Abstract

The organization and functioning of the Constitutional Court of Bosnia and Herzegovina has rightfully drawn the attention of scholars from various fields of contemporary research. This interest is rooted not only in the Court's crucial role in preserving the integrity of this "complex" state but also in the unique nature of its operations. The establishment of the Constitutional Court of Bosnia and Herzegovina occurred under conditions atypical for such institutions, and the initial tasks assigned to it were equally distinctive. As a result, while the Court follows the European model of constitutional review, it has developed several features that are not characteristic of this model. One such feature is the Court’s appellate authority, which logically requires its incorporation into the system of general jurisdiction courts. Nevertheless, as the constitutional review body of Bosnia and Herzegovina, the Court approached its competence with creativity, particularly in adapting its atypical appellate authority to the task of ensuring the supremacy of the Bosnian Constitution. This study analyzes the theory and practice of constitutional justice in Bosnia and Herzegovina, aiming to identify the Constitutional Court's place within the mechanism of protecting constitutional rights and freedoms. The novelty of this research lies in the author's attempt to examine the lawmaking potential of the Constitutional Court of Bosnia and Herzegovina, whose judicial activism, according to the author, has played a key role in transforming the Court’s appellate authority into the institution of constitutional complaint