The role of Constitutional Courts in Ensuring the Rule of Law in Post Conflict Settings in South Eastern Europe

This article reflects on Bosnia-Herzegovina, Kosovo and North Macedonia. The biggest challenge in post-conflict settlements, usually concluded with peace agreements mediated by the international community, remains how to bridge the divide that the conflict and its origins has caused between the parties formerly in conflict. Frequently, the design of a new constitution with the international community’s assistance becomes imperative as a peace-building compromise between warring factions over resources and power. Internationally designed constitutions represent a tremendous opportunity, the outcomes of which can have significant impacts on the peace and stability of a state and the sustainability and quality of its democracy. However, the political compromises translated in to constitutional guarantees aiming to reflect and reinforce a fragile peace and empowering the population, can undermine later attempts at democratic reform and jeopardise the long-term stability of the state.