The Constitutional Court as a Guarantor of the Fundamental Human Rights and Freedoms

Xhezair Zaganjori

Buletin Stiintific - Scientific Bulletin, 2010, vol. 19, 22-30

Abstract: Protection of the fundamental human rights and freedoms constitutes an essential function of the Constitutional Courts. This has been and continues to be the underlying reason for the establishment of these important mechanisms of the democratic state. However, the ways in which these fundamental human rights and freedoms are guaranteed by the Constitutional Courts vary from one country to another. In the majority of cases, this is realized not only through the abstract control of norms, or the incidental control (which is initiated by the courts of ordinary jurisdiction), but even through the individual complaints. On the other hand, the means and the area of constitutional control, exercised on the basis of individual complaints for the violation of fundamental human rights and freedoms, do not result to be the same ones. In this aspect, the Albanian case is presented as very particular and problematic. In pursuance of articles 42 and 131/f of the Constitution, the individuals can be addressed to the Constitutional Court only in cases when they claim the violation of their right to due process of law. Actually, according to the case law of this court, this right has been understood and implemented only as a procedural guarantee in the context of Article 6 of the European Convention on Human Rights, and not in the substantive context. Nevertheless, the Constitutional Court of the Republic of Albania has made efforts to give a broader interpretation to the procedural context of the due process of law.

Keywords: Constitutional Courts; democratic state; right (search for similar items in EconPapers)
JEL-codes: A23 N30 (search for similar items in EconPapers)
Date: 2010
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