Open AccessA Constitution for Peace: Federalism and Consociationalism in Bosnia and Herzegovina
Author(s) -
Francisco Ignacio Aras
Publication year - 2020
Publication title -
revista electrónica de derecho internacional contemporáneo
Language(s) - English
Resource type - Journals
eISSN - 2618-3048
pISSN - 2618-303X
DOI - 10.24215/2618303xe008
Subject(s) - federalism , constitution , political science , autonomy , political economy , law , public administration , state (computer science) , polarization (electrochemistry) , decentralization , rule of law , law and economics , economic system , sociology , politics , economics , chemistry , algorithm , computer science
The present paper draws on the Constitution of Bosnia and Herzegovina, resulted from the Dayton Peace Agreement, in order to explain how the elements of federalism and consociationalism can become important tools in the field of transitional justice. By combining federalism and consociationalism, it will be demonstrated how shared-rule and self-rule can be useful in addressing the demands of territorially concentrated ethnic groups for more autonomy and self-government, while at the same time preserving the territorial integrity of the state. It also explains the role of post-conflict constitutional design processes on their ability to reconcile groups, to address intolerable grievances and to prevent further polarization by providing a common vision of the future of a state.