The scope of control

The notion of the scope of control (review), on the one hand, rests on the issue of the distinction between the jurisdiction of the ordinary judiciary and, on the other hand, the jurisdiction of the BiH Constitutional Court. That issue concerns the division of duties and tasks, and also the understanding of a constitutional court: to what extent, how profoundly and how extensively must it review the decisions of the lower ordinary courts, without thereby putting itself in danger of assuming the role of supervisor and, as a result thereof, “getting suffocated” in a greater number of proceedings. As a way of distinction, the basic rule that the ordinary law is a matter of the lower ordinary courts, and the constitutional law is a matter of the BiH Constitutional Court shall apply. However, it is not always simple to draw this line in the practice.