Anglo-American Elements of Constitutional Organization in the Constitutional Arrangement of Bosnia and Herzegovina: An Influence on Rule of Law through Legislative Function
Bibliographic record
Abstract
The current constitutional arrangement of Bosnia and Herzegovina as well as model of the constitutional regulation is the result of peace agreements – Washington Peace Agreement and General Framework Agreement for the Peace in Bosnia and Herzegovina (so called – Dayton Peace Agreement) that were imposed under the dominant influence of the US administration. Thanks to this influence, some elements that are close to the Anglo-American legal tradition and understanding of law have been implemented in the constitutional system of Bosnia and Herzegovina, such as the framework model of constitutional normative regulation based, in most cases, on general legal principles and framework norms of a general nature that regulate constitutional matters in a framework way and without entering into details. This paper, at the first place, contains considerations related to model of constitutional normative regulation in Bosnia and Herzegovina as well as adopted centralized model of protection of constitutionality. This model of constitutional regulation, as will be seen from the following text, is not close to European-continental legal tradition and understanding of law. Second part of this paper considers implementation principles of constitutionality and rule of law – in general through performing legislative function in the condition of American model of constitutional normative regulation in Bosnia and Herzegovina as result of imposed peace agreements. The third part contains considerations regarding organization and structure of political parties in Bosnia and Herzegovina and their influence on legislative function in the condition of actual constitutional arrangements. The results of the research and consideration contained in this paper show that the combination of elements of constitutional arrangements and regulations that belong to the Anglo-American legal tradition and understanding of law with elements that belong to the European-continental legal tradition do not give an adequate result in Bosnia and Herzegovina from the standpoint of constitutionality and the rule of law.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.002 | 0.005 |
| Scholarly communication | 0.004 | 0.001 |
| Open science | 0.000 | 0.001 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".