General provisions

Coherent dogmatic principles regarding fundamental human rights and freedoms has not been developed so far in the jurisprudence of the BiH Constitutional Court and the Human Rights Chamber for BiH. That is understandable considering different judicial traditions that influenced the jurisprudence of these courts. While national lawyers, naturally, have had no common ground either with the case law of the ECHR from Strasbourg or with the jurisprudence of the European constitutional courts, international judges have come from completely different judicial cultures and systems. Since the ECHR is a legal basis which is relevant for the domain of human rights and fundamental freedoms, the application of the Strasbourg dogmatic approach was almost inevitable. Besides, through the presence of international judges and expert associates, the dogmatic of the western constitutional and supreme courts was practiced in the jurisprudence of the BiH Constitutional Court and the Human Rights Chamber for BiH. As we move on, we will try to present, systematise and, possibly, supplement the elements of the dogmatic of fundamental human rights and freedoms in Bosnia and Herzegovina that were only hinted at and concealed between the lines of the jurisprudence.