Review article
A critical-legal overview of the concept of constitution as the highest legal- political act of the state in the light of constitutional-juridical doctrine
Blerton Sinani
; Faculty of Law of the South East European University, Tetovo
Abstract
Constitution is a set of rules which governs a nation state. It is considered a government’s antecedent because it gives legitimacy to the government and defines the powers under which a government may act. As such, the constitution sets constraints both to the powers which can be exercise and to manner in which they may be exercise. Hence, the constitution defines the legality of power and that is the reason why it can be defined as a legal and political act. Two fundamental concepts (meanings) of the constitution represented in the constitutional legal theory are formal and material notion of the constitution. Author have focused on elaborating and explaining the constitution as a fundamental and a supreme legal-political act in general and on the comparison of the formal and material concept of the constitution in particular. The extent of the correspondence between this two concepts and their relation with the notions of written/unwritten and rigid/flexible constitution is also analyzed.
Keywords
constitution; formal concept of the constitution; material concept of the constitution; written and unwritten constitution; rigid and flexible constitution; contents relation between constitution in formal and material sense
Hrčak ID:
111324
URI
Publication date:
30.8.2013.
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