Constitutional Court of Bosnia and Herzegovina (Ustavni sud Bosne i Hercegovine), No. 13/09, 30 January 2010

Proportional electoral system and ethnic representation.

Paragraphs 3, 8, 9 of the Preamble of the Constitution
Art. 1, par. 2, Constitution
Art. 1, par. 1, Electoral Act
Art. 11, par. 2, Electoral Act
Art. 3, Prot. 1, ECHR

1. In a consociative democracy, i.e. one in which all ethnic groups in the country must be granted the right to representation in parliament, the adoption of a proportional electoral system may be an efficient response to this end.

2. In the Bosnian-Herzegovinian context, the Constitution and the Electoral Law do not impose proportional representation of ethnic groups, but equal representation. This means that each ethnic group should be represented in parliament equally and not proportionally, precisely in order not to create inequality.
(Sulejman Tihić, President of the House of Representatives of Bosnia and Herzegovina, complained that the Election Law was unconstitutional with the principle of ethnic equality, which is enshrined in the constitution).