National Identity in Post-Yugoslav States: Constitutional Relationship between the Ethnic, Civic and National

This paper treats the issues of identity. It showcases the approaches to the relations among ethnic, civic and national interests in the drafting of constitutions in transitional countries. Tethered to the fundamental principles of good drafting, the paper highlights the balance of constitutional relations in post-Yugoslav countries. Most of these states are heteregenous societies, which makes it harder for the constitution-maker to define the state as civic. The Montenegrin society is established on civic foundations, whereas Macedonian and BosnianHerzegovinan constitutions established a constitutional system in which the collective particularities of ethnic groups are manifested largely on the expense of citizens or other collectivities. This paper also deals with the problem of constructing national identity, where ethnic identity is seen as an obstacle.