a. Introduction

Line 3 of the Preamble of the Constitution of BiH is not used solely as a tool for interpretation. Together with the entire Preamble, it has a normative character which enables it to be directly applicable. On one hand, this conclusion follows from the case law of the Constitutional Court of BiH, and, on the other hand, from the standpoint of a majority of the constitutional courts of European countries, and, finally – if taking into account the international roots of the BiH Constitution – from the Vienna Convention on the Law of Treaties.¹²⁴

As in previous lines, line 3 of the Preamble of the Constitution of BiH contributes towards the determination of constitutional values. They are formulated as a certain conviction related to goals and means. The presumed goal is to establish peaceful social relations in a pluralist society. Democratic governmental institutions and fair procedures should contribute towards it. Therefore, this line should be understood primarily as the creation of a peaceful and pluralist society, which encompasses State institutions (governance and conduct) as the most adequate instrument for the achievement of the mentioned goal.

Within the context of the Dayton Agreement, and in the context of the new constitutional systems of the states of Central and Eastern Europe during the 1990’s, such formulation may be somewhat surprising. Nevertheless, one might think that in Bosnia and Herzegovina “a democratic state” may be viewed as a goal, and a pluralist society as a means for the fulfilment of that goal. Since the 1990’s a democratic state, or rather, a democratic and constitutional state based on the rule of law, has been a particularly celebrated model.¹²⁵ Yet, it would be too optimistic to believe that a pluralist society may come into being to start with, and then to bring about such a model for the state. Namely, one should consider that a state must be both democratic and pluralist in order to retain a pluralist society. Such a conclusion should have been helpful to all the states of Central and Eastern Europe where, during the development of their constitutional systems, a problem of national, ethnic or cultural minorities occurred, which was resolved by introducing pluralist structures into the state apparatus.¹²⁶ Thus, for instance, in the Constitution of Slovenia peoples are constituent state elements; in Bosnia and Herzegovina, three peoples, Bosniaks, Croats and Serbs, are viewed as constituent peoples who are equal and who exercise the state authority jointly. Although this relationship, i.e., relation, is overemphasised in Bosnia and Herzegovina, it¹²⁷ does not solely affect the core of line 3 of the Preamble of the Constitution of BiH, as it concerns the sphere of civil society.¹²⁸