Internationalized Constitutionalism in Ethnically Divided Societies: Bosnia-Herzegovina and Kosovo Compared

Grewe, Constance; Riegner, Michael

doi:10.1163/18757413-90000066

Cited by 9 publications

(2 citation statements)

References 3 publications

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“…53 What raises human rights problems in Bosnia is the automatic link between territory and ethnicity. 54 This means that citizens who live in the wrong area of the country are prevented from running for elected office. For instance, the Serb presidency member must be elected from the territory of the Republika Srpska, while Bosniac and Croat presidency members must be elected from the territory of the Federation.…”

Section: The Backgroundmentioning

confidence: 99%

DemocracyvHuman Rights? The Strasbourg Court and the Challenge of Power Sharing

Graziadei¹

2016

European Constitutional Law Review

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Tension between ‘rights’ and ‘democracy’ principle in highly political cases – ECtHR’s wide margin of appreciation on elections put into question by recent cases – Sejdic-Finci v Bosnia-Herzegovina (BiH): ethnic criteria for standing in election violate Convention – Zornic v BiH: candidate’s exclusion from standing in election on account of her self-chosen identity violates P-12 – Mathieu-Mohin and Clerfayt v Belgium overruled? – ‘Integrative democratic tolerance’ approach: five legal and political principles to reconcile ‘rights’ and ‘democracy’ principle in highly political cases.

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Section: The Backgroundmentioning

confidence: 99%

DemocracyvHuman Rights? The Strasbourg Court and the Challenge of Power Sharing

Graziadei¹

2016

European Constitutional Law Review

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“…3, 2018, pp. 274-313. On the comparison of the constitutional review in BiH and Kosovo see: Grewe, C.;Riegner, M., Internationalized Constitutionalism in Ethnically Divided Societies: Bosnia-Herzegovina and Kosovo Compared, Max Planck Yearbook of United Nations Law Online, vol. 15, no.…”

Section: Introductionmentioning

confidence: 99%

Upholding Peace Settlements Through Constitutional Review in Bosnia and Herzegovina, Kosovo and North Macedonia

Istrefi

2022

Zbornik PFZ

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This article examines implementation of the peace settlement compromises translated into constitutional arrangements in Bosnia and Hercegovina, Kosovo and North Macedonia. The three countries struggle with their violent past, loss of interethnic trust and political fragmentation. Consequently, the implementation of peace settlement compromises that are translated into constitutional arrangements is hampered. Through analyses of constitutional jurisprudence in three countries this study provides further insights into the effectiveness and enforcement of the constitutional choices in practice. The article concludes that international supporters in the process of negotiation of peace settlements need to revisit the international assistance in constitution-making as a part of peacebuilding projects through the lens of constitutional review practices.

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Kosovo’s Independence Constitution

Nimani¹

2022

Constitution Makers on Constitution Making

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Internationalized Constitutionalism in Ethnically Divided Societies: Bosnia-Herzegovina and Kosovo Compared

Cited by 9 publications

References 3 publications

DemocracyvHuman Rights? The Strasbourg Court and the Challenge of Power Sharing

DemocracyvHuman Rights? The Strasbourg Court and the Challenge of Power Sharing

Upholding Peace Settlements Through Constitutional Review in Bosnia and Herzegovina, Kosovo and North Macedonia

Kosovo’s Independence Constitution

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