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The role of line 3 of the Preamble of the Constitution of BiH in the case law of the Constitutional Court of BiH is important and is applied indirectly in a majority of cases. On one hand, the Constitutional Court of BiH refers to the enumerated articles of the Constitution of BiH rather than to the individual lines of the Preamble. On the other hand, the Constitutional Court of BiH readily connects line 3 of the Preamble of the Constitution of BiH with other constitutional provisions. Line 3 of the Preamble of the Constitution of BiH has, in principle, the scope of a guideline, whose role is to specify and shape the multiethnic character of the State authority in Bosnia and Herzegovina in accordance with the relevant international rights enumerated in Annex 1 to the Constitution of BiH.129 However, this provision is applied also in social areas where particularly sensitive issues arise, such as language, religion or the return of refugees and internally displaced persons.


Footnotes

  1. See, U 5/98-III, paragraph 54.

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