engleski

Judicial Independence with regard to the Constitutional Courts

This topic evokes iconoclastic movement and the incineration of the pictures of various saints: how can a constitutional court, which is empowered to guarantee compliance with the constitution, control the norms or the change of the norms it is obliged to comply with? After the World War II, there has been a growth in the number of constitutions which contain prohibition of changing some of the constitutional norms. From a great number of views regarding constitutional identity, for a starting point (doctrine, constitutional and international courts) we shall take Urlich Preuss’s definition: “From the logical and teleological point of view, the only part of Constitution worth protecting is the integrity of the drafters, the right of the people to choose and pass the Constitution in a free and democratic manner. The assumption for passing the Constitution is that the people are free to exercise their right for self-determination. Whether it is federalism, monarchy or republic, that right to pass the Constitution should be eternal, while the social systems can change through the course of history. This question includes and implies dignity of a human being, since the inseparable part of the idea of passing the Constitution, which at the same time includes inherent logical and teleological implications, is the fact that people wish to live in the conditions of the freedom to self-determine.

constitutional law; constitutional governance; Kosovo

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