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Ongoing transition: from external to the internal militant democracy in Bosnia and Herzegovina

In a recent blog post, the High Representative (HR), whose authority derives from the Bonn Conference conclusions, Annex X of the Dayton Peace Accords (DPA), and relevant UN resolutions, was described as an instrument of external militant democracy in Bosnia and Herzegovina (BiH). While we do not fundamentally dispute this characterization, we argue that the …

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. …