This diploma thesis deals with the ?potentialities and constraints of the constitutional reforms in BiH?. To date, the necessary constitutional reforms have not been carried out. One of the fundamental problems is the lack of basic consensus among the three ethnic groups (Bosniacs, Croats and Serbs) regarding the structure of the state. The thesis at hand first provides an overview of the history of the origins of the nation-states and subsequently discusses the phenomena of nationalism and ethno-nationalism including the concept of ethnicity. This is essential for a comprehensive understanding of the Bosnian society and the ?constraints of the constitutional reforms?. Afterwards the options of conflict regulation are presented. Particularly with regard to the optimal model of democracy in an ethnically divided society, a distinction will be made between the majority- and the consociational democracy. Following this, the political system of BiH will be examined. Furthermore, an analysis of the recent attempts to reform the constitution will be provided, taking into account the institution of the High Representative. The institutionalization of the consociational democracy, which provides for an ethnic representation of the three ethnic groups, results in the exclusion of ?Others? (e.g. Roma or Jews) from the exercise of certain offices. Hence, in 2009, the ECHR declared these ethnically exclusive constitutional provisions as discriminatory. The last part of this work focuses on this judgment of the ECHR and the question of its possible implementation. Finally, the reasons, which are always responsible for the failure of the necessary reforms and which prevent BiH from being a functioning and democratic state, will be analyzed.