CONSTITUTIONALIZATION OF INTERNATIONAL INSTRUMENTS ON HUMAN RIGHTS: LESSONS FROM KOSOVA

Përparim Gruda (), Doruntinë Demiri () and Zahir Çerkini ()
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Përparim Gruda: Professor at Faculty of Law, University of Mitrovica “Isa Boletini†, Kosova
Doruntinë Demiri: PhD. student in constitutional law at the South East European University, North Macedonia
Zahir Çerkini: Lecturer at Faculty of Law, University of Mitrovica “Isa Boletini†, Kosova

Perspectives of Law and Public Administration, 2020, vol. 9, issue Special Issue, 44-54

Abstract: This work scrutinizes modalities of the constitutionalization of international human rights instruments in the Republic of Kosova. Most of the newly established democracies or post-communist countries, as Kosova is, have adopted the highest western standards in guaranteeing human rights protection. However, the approach that this country has followed to make these standards part of its constitutional system is rather unique. Indeed, Kosova represents an unprecedented case for the place it has given to international instruments on its constitution. This peculiarity, subject of this study, will be examined through the elucidation of three main issues: First, the constitutional regulation of human rights which is heavily based on international human rights law; Second, the unparalleled approach of directly incorporating international instruments into constitution; and Third, the unique determination of the Article 53 of the Kosova’s constitution which requires the interpretation of human rights matters of all state authorities to be made according to the jurisprudence of the European Court of Human Rights.

Keywords: Constitutionialism; Human rights; Constitution; International instruments; ECHR; ECtHR. (search for similar items in EconPapers)
JEL-codes: K30 K33 K38 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:9:y:2020:i:special:p:44-54

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