Restricted Judicial Activism of the Constitutional Court of Republic of Macedonia Regarding Protection of Human Rights and Freedoms

• Author: Jeton Shasivari
• Pages: 200-213

ACTA UNIVERSITATIS DANUBIUS Vol. 15, no. 1/2019

200

Restricted Judicial Activism of

Constitutional Court of the Republic of

North Macedonia Regarding Protection of

Human Rights and Freedoms

Jeton SHASIVARI1

Abstract: In this paper, the author analyzes the issue of protection of human rights and freedoms within

the constitutional judiciary, which was often questioned because of supremacy of parliamentary acts in

the face of any other legal acts. However, after the end of World War II, a large number of constitutions

of different countries incorporated in their provisions a large body of human rights and freedoms, which

practically influenced constitutional democracy to incorporate the issue of the protection of those rights

and freedoms within the competence of the constitutional judiciary. The aim of this paper is by

explaining and assessing the role of the Constitutional Court in protection of human rights and freedoms

in Republic of North Macedonia using: normative legal method, comparative legal method, and the

quantitative methods by presenting numerical data from the annual reports of this court as well as the

qualitative methods by analyzing the proceedings before this court related to this matter, to focus on

the specific analysis of ineffectiveness of this court in the practice, which is due to the reduced trend of

submitted requests from citizens, because there is no fully covered protection of all rights and freedoms

by the constitution of this country.

Keywords: constitutional democracy; the constitutionality; constitutional judiciary; ordinary judiciary;

constitutional complaint

1. Introduction

According to the comparative analysis of constitutional practice, it can be seen that

two powers of the constitutional judiciary dominate: normative control of

constitutionality and protection of human rights and freedoms. So, the last word

regarding the interpretation of the constitution is the constitutional judgement, which

must sanction any violation of the constitution, regardless of whether that violation

comes from the legislative, executive or judicial power. In the context of modern

constitutional democracy, the role of the constitutional judiciary is constantly being

1 Associate Professor, PhD, South East European University, Faculty of Law-Tetova, Republic of North

Macedonia, Address: Ilindenska n.335, 1200 Tetovo, Tel.: +389 44 356 000, Fax: +389 44 356 001,

Corresponding author: j.shasivari@seeu.edu.mk.

AUDJ, Vol. 15, No. 1/2019, pp. 200-213