Scholarly record

THE ROLE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MACEDONIA IN THE PRACTICAL IMPLEMENTATION OF FUNDAMENTAL CONSTITUTIONAL PRINCIPLES IN VIEW OF ITS JUDICIAL PRACTICE

J. Shasivari

Abstract

The Constitutional Court of the Republic of Macedonia in the process of decision making, regularly bases its decisions on the constitutional principles of separation of powers, rule of law, equality and non-discrimination, free elections and political pluralism, human rights and freedoms, freedom of the market, humanism, social justice and solidarity, as well as other principles. These principles are explicitly laid down in the Constitution of the Republic of Macedonia as the fundamental values of the constitutional order of the country. In this paper the author treats the theoretical and practical constitutional aspects of these principles which are the foundations of the Constitution because all other constitutional provisions derive from them. They are a starting point for the Constitutional Court in its constitutional-judicial review of the challenged legal provisions whose constitutionality and legality are examined by this court. This paper aims to explore and assess the various methods of constitutional interpretation of the fundamental constitutional principles by the Constitutional Court of Republic of Macedonia and its role in strengthening and practical implementation of these principles since, although the Constitution does explicitly stipulate the fundamental constitutional principles, it does not determine their content and meaning, so that it is left to the Constitutional Court through the interpretation of the constitutional provisions to establish and determine their full content and meaning.

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