Preliminary communication
Basic Problems Of Constitutionality Control In Macedonia
Blaže Krčinski
; lawyer in Law Firm Krčinski, Skopje, Former Yugoslav Republic Macedonia
Abstract
The control of constitutionality and legality is the basic task of constitutional courts – all their other competences are derived from it. Adherence to the constitution means a removal of all legal regulations that are not in accordance with the constitutional norms. Different forms of constitutional breaches are analysed with the examples from the case law of the Constitutional Court of the Republic of Macedonia. The analysis encompasses the solutions regarding the control of constitutionality and legality in the Macedonian Constitution, drawbacks that occur in the process, and manners in which the Constitutional Court reacts to the breaches of constitutionality. Imprecision and vagueness of a constitutional norm may create a void for different legal interpretations of the Constitutional Court. It is therefore necessary to revise and amend certain constitutional provisions in order to create a more coherent legal order and to unify the opinions of the Court. Amendments to the Constitution should primarily give a clearer definition of what is and what is not a general act, and which act can and which cannot undergo the control of constitutionality and legality.
Keywords
control of constitutionality and legality; forms of constitutional breaches; matter of constitutional control; control of the constitutionality of international treaties; decisions of the Constitutional Court
Hrčak ID:
132481
URI
Publication date:
16.6.2011.
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