Discretion power: The Constitutional court of Bosnia and Herzegovina as a 'political court'?

Politeia

Savanović Aleksandar¹ 

[1] Univerzitet u Banjoj Luci, Fakultet političkih nauka, Republika Srpska;

关键词: Discretionary authority;    Constitutional Court of B&H;    politics;    judiciary;    Bosnia and Herzegovina;   

DOI  :  

来源: DOAJ

【 摘 要 】

This paper analyzes the political crisis produced in BiH society by decisions of the Constitutional Court of Bosnia and Herzegovina for cases U-3/13, U-18/16 and U-22/16. These cases are important case studies for the classical problem of political philosophy and contemporary jurisprudence - namely: a discretion power problem of the highest judicial institution (Supreme or/and Constitutional courts). Must the highest judicial institution be 'political' by definition? Or is the 'political' influence of Supreme/Constitutional courts a result of their own intention to expand their power and influence? The role, practice and legacy of the highest judicial institution in an extremely divided society, such as BiH, is a kind of real-time experiment for this problem.

【 授权许可】

Unknown