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INTRODUCTION AND DEVELOPMENT OF THE PRINCIPLE OF CONSTITUTIONALITY
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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References7
K. Saliu, Constitutional Law, Pristina, 2001, pg.87,88,89;
Z.Elezi, Constitutional Law - Summary of University Textbooks, SHB”Napredak”Tetovo,2008, pg.133;
Edward Samuel Corwin, The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays (Princeton University Press: Princeton, 1914), fq. 78. ;
Michael Rosenfeld & Andras Sajo (eds), The Oxford Handbook of Comparative Constitutional Law, fq. 816-830. ;
Luan Omari, Rule of law ( Elena Gjika: Tirana, , 2004), second edition, pg. 221- 222 ;
John Bell, French Constitutional Law(Clarendon Press: Oxford, 1992) fq. 9-242;
William E. Nelson , Marbury v. Madison. The Origins and Legacy of Judicial Review , fq 54-71.;
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