Review article
https://doi.org/10.31141/zrpfs.2018.55.129.625
Constitutional appeal – human rights protection procedure - with particular reference to the constitutional complaint in the Republic of Macedonia
Dejan Saveski
Abstract
In this text, the author examines the historical aspects of the constitutional complaint, analyzes the genesis of its implementation in the legal systems, first of all, the states representing Western democracies. Furthermore, it seeks to answer the question whether the constitutional complaint is properly detected as a legal remedy or a remedy. It should be borne in mind that the definitive definition arises and is ultimately determined by the position of the constitutional court in the system of state power. Special attention is paid to the attempt to implement the constitutional complaint and the legal order of the Republic of Macedonia. The author through a brief review carries out a critical analysis of the constituent elements of the constitutional complaint that the new one predicts Draft amendment to amend the Constitution of the Republic of Macedonia. Particular attention is drawn to paragraphs 2 and 3 of the Draft Amendment XXXIX from the aspect of the negative impact they perform on the position of the Constitutional Court, displacing it from the primary base with the implementation and the regular appeal.
Keywords
constitutional complaint; legal remedy; legal remedy; amendment to the Constitution; regular appeal
Hrčak ID:
206349
URI
Publication date:
3.10.2018.
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