Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo

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 p...

Full description

Bibliographic Details
Main Authors: Florent Muçaj, Luz Balaj
Format: Article
Language:English
Published: Academicus 2016-07-01
Series:Academicus : International Scientific Journal
Subjects:
Online Access: http://www.academicus.edu.al/nr14/Academicus-MMXVI-14-168-180.pdf
id doaj-ba1adec758d44f4abdbe74643eec485f
record_format Article
spelling doaj-ba1adec758d44f4abdbe74643eec485f2020-11-24T23:08:27ZengAcademicusAcademicus : International Scientific Journal2079-37152016-07-01MMXVI1416818010.7336/academicus.2016.14.12Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in KosovoFlorent MuçajLuz BalajThis 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. http://www.academicus.edu.al/nr14/Academicus-MMXVI-14-168-180.pdf President; constitutional court; unity of the people; constitutionality; constitutional system
collection DOAJ
language English
format Article
sources DOAJ
author Florent Muçaj
Luz Balaj
spellingShingle Florent Muçaj
Luz Balaj
Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo
Academicus : International Scientific Journal
President; constitutional court; unity of the people; constitutionality; constitutional system
author_facet Florent Muçaj
Luz Balaj
author_sort Florent Muçaj
title Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo
title_short Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo
title_full Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo
title_fullStr Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo
title_full_unstemmed Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo
title_sort report between the president and constitutional court and its influence on the functioning of the constitutional system in kosovo
publisher Academicus
series Academicus : International Scientific Journal
issn 2079-3715
publishDate 2016-07-01
description 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.
topic President; constitutional court; unity of the people; constitutionality; constitutional system
url http://www.academicus.edu.al/nr14/Academicus-MMXVI-14-168-180.pdf
work_keys_str_mv AT florentmucaj reportbetweenthepresidentandconstitutionalcourtanditsinfluenceonthefunctioningoftheconstitutionalsysteminkosovo
AT luzbalaj reportbetweenthepresidentandconstitutionalcourtanditsinfluenceonthefunctioningoftheconstitutionalsysteminkosovo
_version_ 1716360053951299584