Özet:

The author argues there is no such thing as a "normal democracy", and that the decision made by the European Court of Human Rights in Sejdić-Finci case does not pay enough respect to consociational democracy as one of the legitimate forms of democracy. As human rights have to be balanced against one another, they also have to be balanced against other values, including peace and stability. As the practical solution in the election of the three-person collective Presidency in Bosnia and Herzegovina, the author suggests three separate electoral colleges in the three territorial districts that would settle the tension between the politically viable power-sharing arrangements and the demand to respect human rights. The author concludes that more moral modesty is in place when foreign political advice in democratic constitutional design is issued for the divided societies.

Anahtar Kelimeler: