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  5. Constitutional courts as arbiters of post-conflict territorial self-government: Bosnia and Macedonia
 
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Constitutional courts as arbiters of post-conflict territorial self-government: Bosnia and Macedonia

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Download TSG and Courts Regional and Federal Studies accepted version.pdf314.23 KB
Author(s)
Walsh, Dawn 
Uri
http://hdl.handle.net/10197/10509
Date Issued
17 August 2018
Date Available
16T11:56:37Z May 2019
Abstract
Constitutional and supreme courts frequently end up examining the political and legal questions at the heart of peace agreements and post-conflict constitutions. Where a peace agreement has included territorial self-government (TSG) provisions courts are often endowed with the capacity to adjudicate disputes between state and sub-state levels of government. The effectiveness of courts in fulfilling this role as not been comprehensively examined. This article fills this important gap examining whether the results of existing research on the role of constitutional and supreme courts in resolving disputes in traditional federalism also apply in these particular circumstances. It finds that where TSG is used as a conflict management mechanism judicial review can have centralizing tendencies if this occurs it can largely be attributed to the processes used to select though the devolutionary multinational nature of the states is also relevant.
Type of Material
Journal Article
Publisher
Taylor & Francis
Journal
Regional & Federal Studies
Volume
29
Issue
1
Start Page
67
End Page
90
Copyright (Published Version)
2018 Taylor & Francis
Keywords
  • Territorial self-gove...

  • Constitutional courts...

  • Ethnic conflict

  • Bosnia

  • Macedonia

DOI
10.1080/13597566.2018.1511980
Language
English
Status of Item
Peer reviewed
ISSN
1359-7566
This item is made available under a Creative Commons License
https://creativecommons.org/licenses/by-nc-nd/3.0/ie/
Owning collection
Politics and International Relations Research Collection
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3
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Feb 6, 2023
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