Factors that in?uence the realization of the constitutional - legal protection

• Author: Safet Emruli
• Position: University of Tetovo, Macedonia
• Pages: 97-106

Vol. 4 No. 1

March, 2018

ISSN 2410-3918

Acces online at www.iipccl.org

97

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Factors that inf‌l uence the realization of the constitutional – legal protection

Safet Emruli

University of Tetovo, Macedonia

Abstract

The constitutional justice system represents the main actor of the establishment and the

harmonious functioning of true democracy, because it implies the spirit of the constitution,

where the rules of democracy, rule of law and the protection of the rights and freedoms of the

citizens are envisaged, is respected and implemented in real life. The constitutional justice,

in fact, represents the key segment that guarantees the vitality and e ciency of the judicial

order. As such, it emerged as a result of the needs of the democratic life and not by being

predetermined by any kind of a legal-constitutional provision.

Keywords: legal protection, democracy, Macedonia, Albania.

Introduction

The existence and function of the rule-of-law state is based on the principle of the

rule of law. The constitution represents the fundamental act of the rule of law and

the presumption of the realization of constitutionality. It is a fact that this basic

document, which guarantees the citizens’ rights and freedoms and which foresees

and determines the organization of the state power, exists in the Republic of

Macedonia and in the Republic of Albania as states that will be an object of study

in our work. In such circumstances, it should be noted that the lawmakers’ freedom

in the normative law-making f‌i eld can only be achieved within the framework of

certain constitutional principles. This freedom of the lawmaker is determined by

the fundamental values proclaiming and safeguarding the constitution, i.e. by the

constitutional principles. This freedom of the legislator and the framework for the

realization of individual constitutional rights are determined by the fundamental

values proclaimed and protected by the concerned constitution, whereas in a portion

of exercising power constitutional constraints are created in those relations that are

directly regulated by the constitution itself. Taken together, these def‌i ning principles,

such as legislative activity, ways of realizing individual constitutional rights, and

constitutional constraints in the exercise of political power, create the core of what is

called legal certainty. Legal security, at the same time, constitutes the essence of the

principle of the rule of law (Costa, Zolo, 2010). The two countries that are subject to

our study sanction the same constitutional values in their constitutions on which the

rule of law is based.

Based on the above-mentioned, the question as to what kind of constitutions there

are in the countries under study is raised. Other questions include the way of their

implementation and the existence of any serious issues that might hinder or limit the

application of constitutionality in the mentioned countries.

The Constitution of the Republic of Macedonia and of the Republic of Albania (as