ABOUT UNCONSTITUTIONALITY OF REFERENDUM LAW IN REPUBLIC OF SRPSKA

Abstract

Constitution of B&H and the Constitution of RS. However, Referendum Law has been adopted and this issue is being 
formulated to civil initiative in a different way while daily political, constitutional and legal practice in the Republic of Srpska 
and B&H are looking for the answers to some burning questions. It is a complete absurdity to be used as an excuse, that by 
passing the Law on Referendum and Civil Initiative, democratic deficit in the Republic of Srpska is being reinforced, instead 
of these laws having key role in democracy increase. A referendum on the territory of the Republic of Srpska (about the 
issues in accordance with the Constitution of RS, and they are the issues within the competence of the National Assembly of 
RS) is legitimate only if a majority from all three peoples separately (a majority of Serbs, a majority of Croats and a majority 
of Bosniaks who live in RS) votes for a certain issue. The same principle is at the level of Bosnia and Herzegovina and at 
the level of the Republic of Srpska, since at both levels the Constitutions define three-ethnic sovereignty and 
constitutionality, where qualified three-ethnic majority is necessary. If the law does not contain provision on three-ethnic 
majority, it is contrary to the Constitution of B&H and the Constitution of RS.