This paper focuses on the case law of the Constitutional Court of Bosnia and Herzegovina, with the aim to verify the use of both comparative law and international law in its decision-making. By taking into account the peculiarities of the BiH constitutional system, the first part of the paper underlines its main features in terms of organization of powers and relationship with international law. Such analysis helps to better understand also the particular composition of the Constitutional Court, which sees the presence of three international judges.
The paper then examines a number of selected judicial decisions from which the use of comparative law, as well as an attention to foreign experiences emerge. The role attributed by the Constitution to the ECHR further implies a deeper exam on the relationship with the case law of the Strasbourg Court, which is extensively cited in motivations of the Constitution Court of Bosnia and Herzegovina. Finally, the paper reflects upon the contribution that this particular experience can offer to consolidated democracies.
