Who is shaping whom - The role of the B&H Constitution in establishing the rule of law culture

The main premise of the Constitution of Bosnia and Herzegovina (B&H) is that B&H shall operate under the rule of law.Establishing the rule of law is not simply a process, it requires, alongside legal reforms, also socio-economic reforms.Establishing the rule of law also depends on establishing a rule of law culture.However, a constitution is a framework that shapes legal and political culture in a society.This is a two-way process where a culture also shapes how a constitution is implemented in practice.In this paper, the author analyses the role of the B&H Constitution in establishing the rule of law culture in B&H.In this context, the author analyses who influenced whom.Has the B&H Constitution shaped the legal and political culture in B&H or inherited legal and political culture in B&H has shaped the B&H Constitution?

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Publication Details

Journal
International Journal of Human Rights and Constitutional Studies
Published
2024-12-01
DOI
https://doi.org/10.1504/ijhrcs.2025.142867
Primary Topic
Comparative and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Who is shaping whom - The role of the B&H Constitution in establishing the rule of law culture

Benjamin Nurkić
International Journal of Human Rights and Constitutional Studies
Comparative and International Law Studies
article

Who is shaping whom - The role of the B&H Constitution in establishing the rule of law culture

Benjamin Nurkić
article en

Abstract

The main premise of the Constitution of Bosnia and Herzegovina (B&H) is that B&H shall operate under the rule of law.Establishing the rule of law is not simply a process, it requires, alongside legal reforms, also socio-economic reforms.Establishing the rule of law also depends on establishing a rule of law culture.However, a constitution is a framework that shapes legal and political culture in a society.This is a two-way process where a culture also shapes how a constitution is implemented in practice.In this paper, the author analyses the role of the B&H Constitution in establishing the rule of law culture in B&H.In this context, the author analyses who influenced whom.Has the B&H Constitution shaped the legal and political culture in B&H or inherited legal and political culture in B&H has shaped the B&H Constitution?

International Journal of Human Rights and Constitutional StudiesVol. 12(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 60%
Comparative and International Law Studies
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