The Unity of the People as the President's Constitutional Attribute and the Preconditions for its Representation

AuthorMurat Jashari - Florent Muçaj
PositionProfessor, PhD, Constitutional-Administrative Department, Faculty of Law, University of Pristina, Kosovo - Assistant Professor, PhD candidate, Constitutional-Administrative Department, Faculty of Law, University of Pristina, Kosovo
Pages73-86
JURIDICA
73
The Unity of the People as the President's
Constitutional Attribute and the
Preconditions for its Representation
Murat JASHARI
1
, Florent MUÇAJ
2
Abstract: The unity of the people is a constitutional attribute that in most of the constitutions of the
world has been given to the president, as the head of state. In order for the unity of the people to exist,
and then to be represented by the president: a number of criteria or preconditions must be met. The
paper addresses some aspects and preconditions that must be met by the president in representing the
unity of the people. In principle, the unity of the people as the constitutional attribute of the president
cannot be represented if it does not exist; therefore, the fulfillment of certain preconditions such as the
legitimacy, personality, leadership and political impartiality of the president greatly strengthen the unity
of the people and cultivate its representation.
Keywords: President; unity of the people; legitimacy; leadership; political impartiality.
1. Introduction
The unity of the people is one of the concepts that are difficult to define in
constitutional theory, especially in the sense that this constitutional attribute in most
democratic countries belongs to the president. Neither constitutional theory nor
sanctioning in various constitutions of the world has given a definite definition of
what we mean by the unity of the people, especially in the context of representation
by the president, although most constitutions recognize the unity of the people as a
concept. According to the Cambridge Dictionary, the word unity is defined as the
state of being joined together or in agreement. In a linguistic interpretation, the
1
Professor, PhD, Constitutional-Administrative Department, Faculty of Law, University of Pristina,
Kosovo. Address: Agim Ramadani, Republic of Kosovo, Pristina 10000. Tel: +381 (0) 38 229 063/220
484, E-mail: murat.jashari@uni-pr.edu.
2
Assistant Professor, PhD candidate, Constitutional-Administrative Department, Faculty of Law,
University of Pristina, Kosovo, Corresponding author. Address: Agim Ramadani, Republic of Kosovo,
Pristina 10000. Tel: +381 (0) 38 229 063/220 484, Corresponding author: florent.muqaj@uni-pr.edu.
AUDJ, vol. 13, no. 2/2017, pp. 73-86

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