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INTRODUCTION AND DEVELOPMENT OF THE PRINCIPLE OF CONSTITUTIONALITY

Z. Elezi

First published: 2017https://doi.org/10.5593/sgemsocial2017/12/S02.067View metrics

Abstract

Regarding to the meaning of constituionality, both in constitutional and juridical theory, as well as in many different works of various theorists, appear different opinions. Legal theory mainly deals with constitutionality in the legal sense, not fulfilling this with the political meaning. Political theory and sociology, in the first place, consider constitutionality as a political principle. Handling it in a separate way leads to their unilateral conclusion regarding the concept of constitutionality. The former ones consider constitutionality only as a legal sense, while the latter ones only as political principle. This approach is characteristic especially for those countries where, in a harsh way, justice is divided from politics, where legal sciences are limited, divided by political ones. Based on this we have the positivist-juridical meaning and the political meaning of constitutionality.

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Publication details

Title
INTRODUCTION AND DEVELOPMENT OF THE PRINCIPLE OF CONSTITUTIONALITY
Authors
Z. Elezi
Proceedings
4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2017
Publisher
STEF92 Technology
Year
2017
Pages
543-550
SWS Citekey
Elezi20172543550
ISSN
2367-5659
ISBN
978-619-7408-14-0
Language
en
Publication type
Proceedings Paper
Keywords
constitutionalityconstitutionalismjudicial controlconstitutional courtconstitutional court.
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