Constitutional changes in a state with written constitution are carried out on the basis of a rule that has been set out by the constitution itself. In practice, many authors refers to articles that define the way of changing the constitution as "rules that define rules" (See for more Tracy Di Fillippo, How to Make Objections to Discovery under the Amended Rules, 25 Pretrial Prac. & Discovery 1, 2016.) Depending on the content of these rules, two sets of constitutions are generally formulated in the theory of constitutional right. The first are the flexible constitutions, which are amended in a simpler procedure, with a simple majority and in a shorter period of time. While in the second category there are the so-called rigid constitutions. Rigid are called the constitutions that have established a more extended or complicated procedure of amendment, with a qualified majority (more than just a simple majority) and a longer period of time.However, the procedure and the number of members of parliament differ. The main goal of this paper is to analyze those differencies, in oredr to find that how the procedure can affect on the constitutionality of the constittuion amendments. Is the rigid procedure a key for constitutional amendments or not? This is another question that is going to be analyzed by comparing different procedures of constitutional amendments in different countries.
Summary This paper examines the jurisprudence of the constitutional courts of Slovakia and Kosovo regarding their assessment of the constitutionality of constitutional amendments. The rationale for the selected countries stands behind the practices of their Constitutional Courts of, in terms of the jurisdiction expansion in assessing constitutional amendments. Considering the fact that these courts have been recently established, the Slovak Constitutional Court with the Constitution of 1992 and the Constitutional Court of Kosovo with the Constitution of 2008, it is the purpose of this paper to further analyze their initial work in assessing the constitutionality of constitutional amendments in the light of the impact of the German jurisprudence. Regardless the lack of experience in this regard, these courts have shown an interesting correlation between scientific doctrines and jurisprudences, which have served the judges to justify their decisions. In this direction, this paper frames its discussion in two key segments. Firstly, is the manner in which these courts have expanded their jurisdiction, an expansion that provided an assess to the constitutionality of constitutional amendments that goes beyond confronting the amendment with the explicit nature of the unamendability of the constitution. Secondly, on the impact of the German jurisprudence, especially in the case of the Slovak Constitutional court.
This paper aims at clarifying the report between the President and the Constitutional Court. If we take as a starting point the constitutional mandate of these two institutions it follows that their final mission is the same, i.e., the protection and safeguarding of the constitutional system. This paper, thus, will clarify the key points in which this report is expressed. Further, this paper examines the theoretical aspects of the report between the President and the Constitutional Court, starting from the debate over this issue between Karl Schmitt and Hans Kelsen. An important part of the paper will examine the Constitution of Kosovo, i.e., the contents of the constitutional norm and its application. The analysis focuses on the role such report between the two institutions has on the functioning of the constitutional system. In analyzing the case of Kosovo, this paper examines Constitutional Court cases in which the report between the President and the Constitutional Court has been an issue of review. Such cases assist us in clarifying the main theme of this paper. Therefore, the reader will be able to understand the key elements of the report between the President as a representative of the unity of the people on the one hand and the Constitutional Court as a guarantor of constitutionality on the other hand.
This article aims to present a clear picture of the attempts towards the normalisation of relations in the western Balkans between the Republic of Kosovo and the Republic of Serbia via the process of the dialogue, facilitated by the UN General Assembly and mediated by the EU, which began more than eight years ago. The dialogue has produced different results for both countries so far, including various consequences and implications which have a constitutional nature. Taking this into account, this article offers an analysis of the perspective and the constitutional dimensions of the Kosovo-Serbia dialogue, drawing on the legal and factual actions that have been undertaken by the parties in the process thus far. The article analyses this dialogue and draws conclusions regarding the ending of the process and, in practice, how the final normalisation of relations should look, including the drawing up of a final agreement of reconciliation between the Republic of Kosovo and the Republic of Serbia. The constitutional consequences which can be the product of such an agreement are also examined.
The role of political parties in increasing the capacities for the rule of law and the internal development of political parties, are two issues among several ones discussed in this analysis. The reformation of political parties from nationwide movements in structured political parties was and remains a very little analyzed process. The developments in Kosovo and the solution of its final status have distracted the political parties from having the dedication towards many vital issues, such as rule of law, their internal reformation. In the end I have analyzed another issue which appears as an obstacle for substantial reforms of political parties, which is the lack of constitutional control for political partie s' programs and their way of functioning.The treatment of the organization of political life, focusing on the role of political parties and their dedication for law and order, is undoubtedly a substantial and analytical innovation, important for the political parties themselves. Having a look in general scientific analysis for political parties not only within Kosovo, we can understand that studies that treat certain segments of political parties, especially their platforms, are quite late.
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