EXPLICIT AND IMPLICIT UNAMENDABLE CONSTITUTIONAL PROVISIONS FROM THE PERSPECTIVE OF THE KOSOVO CONSTITUTION

Luz Balaj ()
Additional contact information
Luz Balaj: Teaching assistant at University of Prishtina, LL.M on Rule of Law at Ohio Northern University, USA

Perspectives of Law and Public Administration, 2020, vol. 9, issue 1, 44-53

Abstract: This paper reviews the debate over the power of the constitutional amendment in Kosovo, by primarily dealing with two forms via which it is manifested:.namely, norms that explicitly define their unamendability and norms that the court of constitutional jurisdiction has identified as unamendable in their implicit nature. To reach that objective, the paper proceeds as following: it first reviews the jurisdiction of the Constitutional Court to review draft-constitutional amendments, and the criteria on which it may rule. Thereafter, the paper explains how certain amendments conform to the explicit prohibitions on amendability present in the constitution. The paper than continues further by deconstructing the constitutional court's contribution in identifying the unamendability of the constitutional norm with an implicit nature. This is primarily considered from the perspective of landmark judgments of the Constitutional Court, which, as will be seen, have contributed to the expansion of the Court’s review power as well as the material criteria governing the limitations on the power of constitutional amendment.

Keywords: unconstitutional amendments; explicit-implicit unamendability; constitutional court; constitutional jurisdiction; human rights. (search for similar items in EconPapers)
JEL-codes: K30 K38 (search for similar items in EconPapers)
Date: 2020
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
http://www.adjuris.ro/revista/articole/an9nr1/5.%20Luj%20Balaj.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:9:y:2020:i:1:p:44-53

Access Statistics for this article

More articles in Perspectives of Law and Public Administration from Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().