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

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Title: Constitutional courts as arbiters of post-conflict territorial self-government: Bosnia and Macedonia
Authors: Walsh, Dawn
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Date: 17-Aug-2018
Online since: 2019-05-16T11:56:37Z
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-governmentConstitutional courtsEthnic conflictBosniaMacedonia
DOI: 10.1080/13597566.2018.1511980
Language: en
Status of Item: Peer reviewed
Appears in Collections:Politics and International Relations Research Collection
Politics and International Relations Research Collection

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