General comparative overview of constitutional acts of the Republic of Kosovo over the years

AuthorKadri Kryeziu
PositionVice Rector and Professor at the University of Prizren 'Ukshin HOTI' Kosovo
Pages77-85
ISSN 2410-3918
Acces online at www.iipccl.org
77
IIPCCL Publishing, Tirana-Albania
Academic Journal of Business, Administration, Law and Social Sciences Vol. 2 No. 1
March 2016
General comparative overview of constitutional acts
of the Republic of Kosovo over the years
Prof. Ass. Dr. Kadri Kryeziu
Vice Rector and Professor at the University of Prizren “Ukshin HOTI” Kosovo
Abstract
The declaration of Kosovo Independence and afterwards the adoption of the
Constitution were preceded by a multiyear process of persistent political endeavours
in order to affirm the right of the Kosovo people for self-determination. Drafting of
the constitution was one of the important and long-term tasks in building the state; it
is a will of the past generations, for the creation of a new political-legal order,
establishment of new government institutions. Its drafting was a product of joint
cooperation and will of the Kosovo institutions, experts and politicians and the
international institutions and experts. It is known that the idea of drafting the
Constitution of Kosovo has been longstanding. However, its implementation process
is characterized by specific ways imposed by actual international and local
circumstances. The request of the Kosovo citizens and institutions for independence
should by all means be sublimated by a constitutional-normative act, as an instrument
for making the society functional in all areas of life, such as social, institutional, political,
economic, security, etc. The experts of constitutional law and the Kosovo political
profiles, along with the international experts, in compliance with the principles
proclaimed by the international acts and in accordance with historical, political,
economic and social features, commenced drafting the draft constitution of the
Republic of Kosovo as a sovereign and independent country.
Keywords: Constitution, Kosovo, history, state, sovereignty.
Introduction
A legal comparative analysis of constitutions has been studied in the ancient times,
by eminent personalities of world history such as Cicero, Machiavelli, Tocqueville,
Montesquieu, etc. The constitutional law, in its entirety and the comparative in
particular, is a relatively new discipline in the world of jurisprudence in the Albanian
speaking countries (Puto, 2011, 9). All scholars are of the opinion that the establishment
of the modern science of comparative constitutional law begins with great French
scholars such as Eduard Lambert and Raymond Salej, who refer to an international
convention on comparative law in Paris in 1900. The developments of this convention
laid the foundation of comparative study and various legal systems and for
development of a new science such as that of comparative law (Puto, 2011, 13).
The constitutional laws of different countries vary and are thus compared as such,
but they are also compared to the constitutional texts of those countries that have

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT