scholarly journals The Principle of Constituency of Peoples: An Obstacle to the Achievement of Popular Sovereignty in Bosnia and Herzegovina?

2021 ◽  
Vol 6 (3(16)) ◽  
pp. 323-350
Author(s):  
Dženeta Omerdić

Before the socio-political communities are posted, a very demanding task of defining the subject on whose name will behalf political power is implemented over a given state territory. However, the question about the subject of sovereignty should in no case be misunderstood as an issue of simply theoretical approach. The level of a state’s democracy, as well as its ability to realize internal and external sovereignty, depends entirely on fact: does the power belong to the People and whether it derives from the People. In other words, the issue of popular sovereignty is a substantial, constitutive element of modern democratic states. When we speak about contemporary Bosnia and Herzegovina, the functionality of the entire state government is often hindered by the complex decision-making processes at all state levels which lead to obstruction of the entire decision-making process. Such a dysfunctional decision-making process on the state level poses a threat and disables the Bosnian plural society to respond to the modern challenges of a democratic functioning state. The legal nature of Bosnian society is determined by the existence of constituent people who have “usurped” the entire decision-making process. There is still no end in sight to the struggle that leads to an oligarchy of the ruling elites; furthermore, there is still no appropriate socio-political mechanism that will enhance the accountability of the representatives to their voters; it is still inconceivable that decisions of state authorities are effectively and consistently implemented throughout the national territory. In other words, there is still no appropriate mechanism that will enhance the principle of popular sovereignty. It is necessary to “offer” Bosnia and Herzegovina’s pluralism and its political tradition a form of democratic authority which in no way should be a cliché. Furthermore, it may not be one of the “copy-paste” models of democratic authority. Currently, citizens of B&H are completely suspended (de facto, there are only citizens of entities). In the Federation of Bosnia and Herzegovina Serbs are suspended, while in the Republika Srpska, Bosniacs and Croats cannot equally participate in the decision-making process. An unfinished process of implementation of the Dayton Agreement and, in particular, Annex 4 (the Constitution of B&H), whose provisions permit discrimination against the citizens of Bosnia and Herzegovina (the impossibility of the realization of the principle of equality in the exercise of universal suffrage), as well as the non-application of the Decision of the European Court of Human Rights contributes and is conducive to further segmentation of Bosnian society.

2016 ◽  
Vol 6 (1) ◽  
pp. 64-69
Author(s):  
Dženeta Omerdić ◽  

The principle of non-discrimination in modern legal systems, both at national and at regional and global levels of government, is the primary prerequisite for the realization of all other (fundamental) rights and freedoms. The essence of this principle, which is, in fact, inextricably linked to the principle of equality in rights, is reflected in the requirement to ensure to all persons, without discrimination on any basis, the realization and enjoyment of the fundamental rights and freedoms that are guaranteed by provisions of the national constitutions, Laws and other legal acts. The functionality of the entire state government of Bosnia and Herzegovina is often hindered by the complex decision-making processes at all state levels which lead to obstruction of the entire decision-making process. Such a disfunctional decision-making process on the state level poses a threat and disables the Bosnian plural society to respond to the modern challenges of a democratic functioning state.The Bosnian model of democratic authority is trying to determine the individual primarily as a citizen, to which they bind certain rights and duties, but without neglecting the fact that citizens enjoy certain rights (and obligations) that belong to them based on their affiliation to a particular collectivity. Bosnian society as a community of citizens and a community of communities should not ignore any of the aforementioned sides of human nature.


2019 ◽  
Vol 118 (11) ◽  
pp. 619-624
Author(s):  
JueJueMyint Toe ◽  
Ali Abdulbaqi Ameen ◽  
Sui Reng Liana ◽  
Amiya Bhaumik

Myanmar is the developing country and its education system is not yet to international level. Hence, most of the young adults, who like to upgrade their knowledge global wide and to gain international recognized higher educational certificates, choose to study overseas rather than continuing higher education after their high education nowadays, that becomes the trend of young people to study overseas since the competency among the people is getting intense based on the education level in every industry. The purpose of this research is to understand that students’ decision making process of selecting university. The study will be conducted to see clear trend of Myanmar students’ decision making of studying in abroad. This research will cover the context of what is Myanmar students’ perception of abroad, how they consider among other countries and explaining those factors which determine Myanmar students’ choice and how they decide to study abroad.


2014 ◽  
Vol 1020 ◽  
pp. 765-768
Author(s):  
Eva Berankova ◽  
František Kuda ◽  
Stanislav Endel

The subject of this paper is to evaluate criteria in the decision-making process for choosing new usable office facilities in light of a big company or public service seeking for new usable office facilities. The criteria defining the requirements for individual selection variants enter into this decision-making process. These criteria have qualitative and quantitative characters. In order to model the criteria, it is desirable that their values are standardized. The method of standardization of these criteria is given in this paper. In this paper, attention is paid to the decision-making process in the course of choosing new usable facilities in administration objects. This decision-making process is based on input data analyses and on conclusions for a certain selection variant resulting from them.


2000 ◽  
Vol 35 (4) ◽  
pp. 419-438 ◽  
Author(s):  
Ludger Helms

There are few Chapters of the Federal Republic'S History that could be written without a prominent reference to the Christian Democratic Union (CDU). Since 1949 Christian Democratic chancellors have led German governments for no less than 37 years. Even when in opposition, the Christian Democrats - composed at the national level of the CDU and the Bavarian Christian Social Union (CSU)1 - constituted more often than not the strongest parliamentary party group (Fraktion) in the Bundestag, such as after the federal elections of 1969, 1976 and 1980. Also at state level and in the Bundesrat, which represents the individual states (L-nder) in the national decision-making process, the Christian Democrats quite often held a dominant position justifying occasional remarks of a ‘CDU/CSU bias’ within the German party system.


Legal Studies ◽  
1995 ◽  
Vol 15 (2) ◽  
pp. 283-305 ◽  
Author(s):  
Sally Wheeler

The Company Directors Disqualification Act 1986 (CDDA) instituted, inter alia, a mechanism whereby directors of failed companies can be disqualified from holding office in the future as the result of an application to the court by the Secretary of State, or in the case of compulsory liquidators, the official receive and a subsequent finding by the court that the director is unfit. The operation and effect of the CDDA has been the subject of speculation in the national press, other media and comment from insolvency practitioners since its inception. Most of this comment has focused on the role of the DTI and on its perceived failure to take steps to disqualify directors in sufficient numbers.


Author(s):  
Kyungwon Kang ◽  
Hesham A. Rakha

Drivers of merging vehicles decide when to merge by considering surrounding vehicles in adjacent lanes in their deliberation process. Conflicts between drivers of the subject vehicles (i.e., merging vehicles) in an auxiliary lane and lag vehicles in the adjacent lane are typical near freeway on-ramps. This paper models a decision-making process for merging maneuvers that uses a game theoretical approach. The proposed model is based on the noncooperative decision making of two players, that is, drivers of the subject and lag vehicles, without consideration of advanced communication technologies. In the decision-making process, the drivers of the subject vehicles elect to accept gaps, and drivers of lag vehicles either yield or block the action of the subject vehicle. Corresponding payoff functions for two players were formulated to describe their respective maneuvers. To estimate model parameters, a bi-level optimization approach was used. The next generation simulation data set was used for model calibration and validation. The data set defined the moment the game started and was modeled as a continuous sequence of games until a decision is made. The defined merging decision-making model was then validated with an independent data set. The validation results reveal that the proposed model provides considerable prediction accuracy with correct predictions 84% of the time.


2010 ◽  
Vol 3 (2) ◽  
pp. 265-277 ◽  
Author(s):  
Alaka Sarmah ◽  
Chucheng Fa Gogoi

Governance today is of paramount apprehension for any state. Concern for governance therefore reveals new areas of articulation for a state and the people living within its jurisdiction. For many, governance refers to certain conditions necessary for a state through which it can exercise power in managing the nation's social and economic assets and also becomes the precondition for realizing democratic ideals. Though the notion of governance is different for different people, one common understanding of it is the decision making process as well as the process of implementation of those decisions. This process also identifies involvement of different structures from different walks of life, signifying both the formal as well as informal actors. In this background, the traditional institutions of a society also have their appeal for involvement of local structures in the issues of governance. The traditional institutions of Karbi Anglong also entails such appeals, because of its involvement in civil, socio-economic and religious jurisdiction of the local interests. Therefore the participation of people through such institutions has been recognized as a process of grass rooting the democratic principle of governance in its most popular form as mentioned above. In this paper an attempt is made in recognizing the effect of the traditional institutions in Karbi Anglong more specifically among the Karbi Tribes.


2017 ◽  
Vol 9 (2) ◽  
pp. 159-170
Author(s):  
Pravin Jamdade ◽  
Suresh Jungari ◽  
Mahesh Thakur

Development cannot be achieved without the participation of people from all segments of society. It is a process that requires collective action for social transformation or social change in the socio-economic and political lives of the people. The Total Sanitation Campaign (TSC) is one of the major programmes in India to promote sanitation and hygiene. The article is an attempt made to understanding the Dalit population’s participation in the total sanitation programme. The field visits in six villages reveal that illiterate 20 per cent respondents did not participate in the decision-making process. Gram panchayat has not given equal opportunity for participation to Dalit women in the planning process of the campaign activities. Educated people are more likely to get the opportunity for participation in planning and implementation of the scheme. Villages, even gram panchayats, have not conducted any awareness campaign to disseminate the information of the Campaign among Dalit and rural masses.


1950 ◽  
Vol 3 (1) ◽  
pp. 72-87
Author(s):  
Janet Besse ◽  
Harold D. Lasswell

Opinion differs about the role of syndicated columnists in the forming of national opinion and in the decision-making process in the United States. Our columnists have been the subject of pioneering studies, but we have a long way to go before the picture can be called historically complete, scientifically precise, or fully satisfactory for policy-making purposes. What the columnists say is an important chapter in the history of the American public, and history is most useful for critical purposes when written close to the event. The general theory of communication and politics can be refined as the details of the opinion process are more fully known.


2008 ◽  
Vol 56 (3) ◽  
pp. 519-543 ◽  
Author(s):  
Neil Walker

In recent years, the idea that constitutional modes of government are exclusive to states has become the subject both of sustained challenge and of strong defence. This is due to the development at new regional and global sites of decision-making capacities of a scale and intensity often associated with the demand for constitutional governance at state level, to the supply at these same new sites of certain regulatory institutions and practices of a type capable of being viewed as meeting the demand for constitutional governance, as well as to a growing debate over whether and in what ways these developments in decision-making capacity and regulatory control should be coded and can be constructively engaged with in explicitly constitutional terms. The aim of the article is threefold. It asks why taking the idea and associated ethos and methods of constitutionalism ‘beyond the state’ might be viewed as a significant and controversial innovation, and so in need of explanation and justification – a question that requires us to engage with the definition of constitutionalism and with the contestation surrounding that definition. Secondly, taking account of the various arguments that lie behind these definitional concerns, it attempts to develop a scheme for understanding certain key features of constitutionalism and of its post-state development that is able to command broad agreement. Thirdly, and joining the concerns of the first two sections, it seeks to identify the key current tensions – or antinomies – surrounding the growth of post-state constitutionalism with a view to indicating what is at stake in the future career of that concept.


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