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

AuthorJeton Shasivari
Restricted Judicial Activism of
Constitutional Court of the Republic of
North Macedonia Regarding Protection of
Human Rights and Freedoms
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:
AUDJ, Vol. 15, No. 1/2019, pp. 200-213

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