Roman constitutional model as an instrument of peace in post-conflictual societies – negotiated sovereignty and consociational democracy

Aličić, Samir (2024) Roman constitutional model as an instrument of peace in post-conflictual societies – negotiated sovereignty and consociational democracy. In: International scientific thematic conference From national sovereignty to negotiation sovereignty "Days of Law Rolando Quadri", Belgrade, 14 June 2024 : thematic conference proceedings of international significance. Institute of Comparative Law ; University "Niccolò Cusano",, Belgrade; Rome, pp. 89-103. ISBN 978-86-82582-18-2

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Abstract

The subject of this paper is the search for new possible constitutional solutions for re-uniting the states divided by ongoing or frozen conflicts. Based on some recent experiences, especially Dayton accord that ended the war in Bosnia and Herzegovina, author believes that roman constitutional model, as opposed to commonly diffused Germanic or Anglo-Saxon model, constitutes a more useful resource of rules that could be basis for developing new legal instruments to resolve current and future conflicts. Among them, of special interest are the idea of complex electoral system with guaranteed seats for certain societal groups and voting by not necessarily territorial-based electoral units, imperative mandate as an element of direct democracy, the “negative power”, i.e. the possibility of some political bodies to block the decisions of other bodies, and the decision-making by consensus of the members of political bodies.

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