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

Authors: Benjamin Nurkić

Addresses: Faculty of Law, Muhameda Hevaije Uskufije 7, Tuzla, Bosnia and Herzegovina

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?

Keywords: political-legal culture; rule of law; rule of law culture; Bosnia and Herzegovina.

DOI: 10.1504/IJHRCS.2025.142867

International Journal of Human Rights and Constitutional Studies, 2025 Vol.12 No.1, pp.49 - 58

Received: 18 Jun 2023
Accepted: 21 Jun 2023
Published online: 30 Nov 2024 *