Separation of Powers and Consociational Power Sharing in Republic of Macedonia

Developments and Perspectives

Abstract

The Constitution of Republic of Macedonia was adopted on
November 17, 1991. It is the first Constitution of Macedonia as an
independent state and the first constitution that integrally introduced a
democratic political regime. It was inevitable to undertake a
constitutional modeling which would match both the primarily
European standards and the specific national needs. Thus, the
Macedonian Constitution is one among the numerous constitutions of
new democracies in Central, East and South-East Europe which are,
essentially, a result of reception of the constitutional models existent
in the old democracies of Western Europe. It is a liberal, democratic
constitution. Its dedication to democracy, rule of law and human rights
is strongly expressed in the text. It is evident even in the list of the
fundamental values of the constitutional order in a particular article,
apart from their existence in the rest of the structure of the
Constitution. Namely, the article 8 of the Constitution states that the
fundamental values of the constitutional order are: the basic freedoms
and rights of the individual and citizen, as recognized in international
law and envisaged in the Constitution; the free expression of national
identity; the rule of law; the separation of powers into legislative,
executive and judicial; political pluralism and free, direct and
democratic elections; the legal protection of property; the freedom of
market and enterpreneurship; humanism, social justice and solidarity;
local self-government; proper urban planing to promote a congenial
human environment, as well as environmental protection and
development and respect for the generally accepted norms of
international law. The process of consolidation of these values and the
constitutional regime in general has been, as expected, followed by
various types of difficulties and a quest for improved solutions.