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- Title
PROFESSIONAL-LEGAL ASPECTS OF THE PROTECTION OF HUMAN RIGHTS BEFORE THE CONSTITUTIONAL COURT OF MACEDONIA.
- Authors
SAVEVSKI, Dejan
- Abstract
The Constitution of 1963 for the first time in the Republic of Macedonia provides a mechanism for the protection of constitutional rights before the Constitutional Court. However, the subordinate position of the Constitutional Court in relation to Parliament did not allow the development of this institution. The Constitutional Court was only one subsystem in the system. The Constitution of 1974 totally rejected this jurisdiction. The 1991 Constitution, after nearly twenty years of restraint, tried to restore the procedure for the protection of constitutional rights. The authority that the 1991 Constitution foresees in its capacity is not even close to the capacity of this jurisdiction that is encountered in comparative law. The disadvantage was also reflected in the procedural mechanism that is intended to initiate the procedure for the protection of constitutional rights. The Constitution does not contain a provision that, in the legal order of the Republic of Macedonia, provides for the existence of a legal mechanism called the "request for the protection of constitutional rights". The Republic of Macedonia faces a serious legal vacuum. There is no legal solution that applies to the Constitutional Court. The Constitutional Court draws the legitimacy of its actions from the Constitution and the Rules of Procedure, an act that by its very nature should regulate the internal organization of the Constitutional Court, and not regulate issues of a constitutional and legal nature. The provisions of the Rules of Procedure are rather untidy. Most often, certain legal responses arise through the application of the legal analogy. By referring to the provisions governing the competence to assess constitutionality and legality, an answer shall be given on jurisdiction for the protection of constitutional rights.
- Subjects
MACEDONIA; CONSTITUTIONAL courts; HUMAN rights; COMPARATIVE law; ORGANIZATIONAL legitimacy; CIVIL rights; CONSTITUTIONS; LEGISLATIVE bodies
- Publication
Vizione, 2019, Issue 33, p189
- ISSN
1409-8962
- Publication type
Article