The Constitutional Court of the Republic of Macedonia
FINAL RESEARCH PAPER
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MACEDONIA:
PROPOSALS FOR LEGISLATIVE AND ADMINISTRATIVE REFORM
Abstract:
This paper deals with the role of the Constitutional court of the Republic of Macedonia in building constitutionalism. For that purpose, the concept of constitutionalism and two competences of the Constitutional court are analyzed: judicial review and the competence to decide on demands for protection of some rights
(quasi-constitutional complaint). In performing of these two functions the position of the Constitutional court of Macedonia is compared with that of the Constitutional court of Slovenia, because these two countries shared same historical experience, but constitutionalism and human rights protection in Slovenia are on higher level.
1. The notion of constitutionalism
"Freedom ordains rules. Government is lost liberty." This is the paradox, which has confronted Western theories on the constitutionalism since the earliest time.1 The idea that all governmental power, no matter how democratic, should be limited and controlled is in the essence of the constitutionalism. This doctrine of limited government regards governments as a threat to liberty. Its protection is in keeping governments confined within, as Joseph Raz wrote, proper moral bounds.2
The "constitutionalism" is one of those commonly used concepts, with more connotations and without clear definition for any of them. The remark of many scholars is that "without a clear definition, the term constitutionalism' is an invitation to debate about ghosts or, to shift the metaphor, to enter a trackless verbal swamp"3 ; and also that "constitutionalism is one of those concepts, evocative and persuasive in its connotations yet cloudy in its analytic and descriptive content, which at once enrich and confuse political discourse."4
So, when we speak about constitutionalism, many questions appear, as are the following: What does
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MACEDONIA:
PROPOSALS FOR LEGISLATIVE AND ADMINISTRATIVE REFORM
Abstract:
This paper deals with the role of the Constitutional court of the Republic of Macedonia in building constitutionalism. For that purpose, the concept of constitutionalism and two competences of the Constitutional court are analyzed: judicial review and the competence to decide on demands for protection of some rights
(quasi-constitutional complaint). In performing of these two functions the position of the Constitutional court of Macedonia is compared with that of the Constitutional court of Slovenia, because these two countries shared same historical experience, but constitutionalism and human rights protection in Slovenia are on higher level.
1. The notion of constitutionalism
"Freedom ordains rules. Government is lost liberty." This is the paradox, which has confronted Western theories on the constitutionalism since the earliest time.1 The idea that all governmental power, no matter how democratic, should be limited and controlled is in the essence of the constitutionalism. This doctrine of limited government regards governments as a threat to liberty. Its protection is in keeping governments confined within, as Joseph Raz wrote, proper moral bounds.2
The "constitutionalism" is one of those commonly used concepts, with more connotations and without clear definition for any of them. The remark of many scholars is that "without a clear definition, the term constitutionalism' is an invitation to debate about ghosts or, to shift the metaphor, to enter a trackless verbal swamp"3 ; and also that "constitutionalism is one of those concepts, evocative and persuasive in its connotations yet cloudy in its analytic and descriptive content, which at once enrich and confuse political discourse."4
So, when we speak about constitutionalism, many questions appear, as are the following: What does