Acta Universitatis Danubius. Juridica, Vol 15, No 1 (2019)

Restricted Judicial Activism of the Constitutional Court of Republic of Macedonia Regarding Protection of Human Rights and Freedoms

Jeton Shasivari

Abstract


In this paper, the author analyzes the issue of protection of human rights and freedoms within the constitutional judiciary, which was often questioned because of supremacy of parliamentary acts in the face of any other legal acts. However, after the end of World War II, a large number of constitutions of different countries incorporated in their provisions a large body of human rights and freedoms, which practically influenced constitutional democracy to incorporate the issue of the protection of those rights and freedoms within the competence of the constitutional judiciary. The aim of this paper is by explaining and assessing the role of the Constitutional Court in protection of human rights and freedoms in Republic of Macedonia using: normative legal method, comparative legal method, and the quantitative methods by presenting numerical data from the annual reports of this court as well as the qualitative methods by analyzing the proceedings before this court related to this matter, to focus on the specific analysis of ineffectiveness of this court in the practice, which is due to the reduced trend of submitted requests from citizens, because there is no fully covered protection of all rights and freedoms by the constitution of this country.


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