Skip to content

Rule of Law Defence Beyond High Politics: Lessons from the Constitutional Court of Bosnia and Herzegovina’s History Curriculum Decision

Introduction For many years, the Constitutional Court of Bosnia and Herzegovina (BiH) stood out as one of the more functional institutions of the Dayton order. It was certainly politically contested, but its continued ability to decide constitutional disputes gave it a degree of institutional resilience in a system otherwise marked by vetoes, blockages and fragmentation. …

External militant democracy: The case of Bosnia & Herzegovina

Imagine a politician winning a democratic election. He/She enters office with a mandate from thousands of voters, only to discover that an unelected official can remove him from office, invalidate laws adopted by parliament, and effectively reshape the constitutional framework within which he operates. In most constitutional democracies, such a scenario would appear inconceivable. In …

Two Recent Strasbourg Judgments Against Bosnia and Herzegovina: Extending the Prohibition of Ethnic Exclusion in Access to Public Office

Introduction The judgments delivered by the European Court of Human Rights on 3 February 2026 in Begić v. Bosnia and Herzegovina and Begić v. Bosnia and Herzegovina (No 2) represent another important development in the Court’s anti-discrimination jurisprudence concerning the constitutional order of Bosnia and Herzegovina. In both cases, the Court found a violation of …