The territory now occupied by Bosnia and Herzegovina was captured by Slavs, Serbs, and Croats in the sixth and seventh centuries. After the rule of the Ottoman Turks, which lasted until 1878 and the Austro-Hungarian Empire, the first constitution for Bosnia and Herzegovina was promulgated and first elections were held in 1910. The 1910 constitution explicitly mentioned Serbs, Croats and Muslims as the “native peoples”.

Following the end of World War I, and the defeat of Austria-Hungary, a Kingdom of Serbs, Croats and Slovenes was declared in the Balkans on 4 December 1918. In 1921, the so called Vidovdan constitution followed the agreement between the Muslim party and the Serbian radicals to keep Bosnia and Herzegovina a separate administrative unit in the new kingdom. This constitution, however, was annulled by King Alexander in 1929 and replaced by a new constitution in 1931. The name of the country was changed to Kingdom of Yugoslavia. The 1931 constitution provided for a parliament but ministers and other high officials were dependent on the king.

After World War II, the constitution of the Federal People’s Republic of Yugoslavia (later Socialist Federal Republic of Yugoslavia), was proposed and adopted under a communist regime on 31 January 1946. The constitution was largely based on the Soviet constitution of 1936 and created six republics whilst respecting five nationalities, namely Croats, Macedonians, Montenegrins, Serbs, and Slovenes. Muslims, however, were not mentioned. In 1952, 1963, and 1974, other socialist Yugoslav constitutions were adopted. Amongst the changes were the creation of a federal presidency of nine persons with six of the persons being from the republics and two from the autonomous provinces of Vojvodina and Kosovo. The head of Yugoslavia’s Communist Party and president for life at that time, Josip Brox, also known as Tito, was the ninth member of the presidency. By 1963 Muslims were listed in the Bosnian constitution alongside Serbs and Croats. The 1974 constitution, moreover, stipulated equal rights among all nationalities living in the territory.

Soon after Tito’s death in 1980, the Yugoslav federation began to collapse. On 1 March 1992, a referendum showed great support for Bosnian independence. However, independence was opposed by most Serbs, who feared to lose power and influence over the region. These frictions gave rise to the Bosnian war, which continued till the signing of The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, in 1995. A High Representative of the International Community still has the authority to oversee the implementation of the Dayton Agreement.

The constitution includes a collegial three-person presidency, consisting of one Bosniac, one Croat and one Serb, each of them serving for four years. The Bosniac and Croat members are directly elected from the territory of the Federation whilst the Serb member is elected from the territory of the Republika Srpska. Members of the presidency may be reelected once and are then ineligible for four years. A chair, who is selected by rotation or determined by the parliamentary assembly in case of no consensus, heads the presidency. However, decisions in the presidency shall be by consensus, otherwise by a majority of the members. If the decision is seen to be “destructive of a vital interest” the dissenting member may appeal it within three days. A two-thirds majority of the legislature from the dissenting member’s respective territory is then allowed to nullify the decision. According to paragraph 3 of Article V, the presidency is competent to conduct foreign policy; appoint ambassadors; negotiate, denounce and ratify treaties; execute parliamentary decisions, as well as propose an annual budget. In addition, the members of the presidency are given “civilian command authority over armed forces”. However, neither of the entities is allowed to use force against another entity without the consent of the government of the latter and of the presidency.

The chair of the council of ministers, nominated by the presidency, selects the other members of the council with the approval of the House of Representatives. Not more than two-thirds of the members shall be appointed from the territory of the Federation. The council’s task is to carry out “the policies and decisions of Bosnia and Herzegovina”. If a vote of no-confidence is passed by the parliamentary assembly, the council of ministers is required to resign.

The constitution provides for a bicameral parliament, comprising a lower chamber, the House of Representatives, and an upper chamber, the House of Peoples. It enjoys institutional autonomy, and has a moderate amount of power over the executive. The legislature enacts legislation in order to implement decisions of the presidency or to carry out its own duties under the constitution. Its competencies include the power to amend the constitution, approve international treaties and the annual budget, appoint members of the judiciary, grant amnesties and pardons and approve presidential declarations of war. Moreover, it is allowed to issue a vote of no-confidence against the council of ministers. The approval of both chambers is needed for all legislation. Similar to the decisions of the presidency, an act can be annulled if a majority of the respective members of parliament declares it to be “destructive of a vital interest” of the people. A joint commission, or under specific circumstances the constitutional court, has to resolve the dispute in case a majority of the members of parliament of another entity objects to the declaration.

The constitutional court, a body of nine members, has original and final jurisdiction over all matters relating to the interpretation of the constitution. Four members are elected by the house of representatives of the Federation, two members by the Assembly of the Republika Srpska, and three members are designated by the president of the European Court of Human Rights (ECHR) after consultation with the presidency. The ECHR may not select judges who are citizens of Bosnia and Herzegovina or of any neighboring country. The first judges of the court were appointed for five years. Judges appointed thereafter, however, stay in office until the age of 70. The court is competent to hear appeals over issues under the constitution arising out of judgments of any other court. In addition, any court in Bosnia and Herzegovina may ask the court to review the constitutionality of laws, on whose validity its decision depends, with the constitution, with the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, or with the laws of Bosnia and Herzegovina. The court is granted exclusive jurisdiction on disputes between entities or between the country and entities as well as on disputes between state’s institutions. The latter disputes may only be referred to the court by certain officials or bodies.