LEGAL POSITIVISM: AN OBSTACLE IN THE PROCESS OF STRENGTHENING THE RULE OF LAW IN BOSNIA AND HERZEGOVINA

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Benjamin Nurkic

Abstract

So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.

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How to Cite
Nurkic, B. . (2021). LEGAL POSITIVISM: AN OBSTACLE IN THE PROCESS OF STRENGTHENING THE RULE OF LAW IN BOSNIA AND HERZEGOVINA. Journal of Liberty and International Affairs, 7(1), 94-105. https://doi.org/10.47305/JLIA21170094n
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Author Biography

Benjamin Nurkic, University of Tuzla, Bosnia and Herzegovina

Benjamin Nurkic was born on October 1, 1994, in Tuzla, BiH. He earned a Bachelor of Laws in 2017, and he is currently studying for a master’s degree in the Faculty of Law. The narrower scientific field he studies is the state and international public law. He is the author of several scientific papers on the rule of law and an active member of several regional libertarian organizations.

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