THE INFLUENCE OF INTERNATIONAL FACTORS ON CONSTITUTION-MAKING IN POST-CONFLICT COUNTRIES: THE CASE OF KOSOVO
THE INFLUENCE OF INTERNATIONAL FACTORS ON CONSTITUTION-MAKING IN POST-CONFLICT COUNTRIES: THE CASE OF KOSOVO

Summary/Abstract: This study analyzes the influence of international factors on the process of drafting and operating the constitutional order in the Republic of Kosovo, as a typical case of internationally supervised post-conflict state-building. Focusing on the period after 1999 and on the adoption of the 2008 Constitution as an independent state, the paper examines how international intervention shaped the institutional architecture, the separation of powers, and the mechanisms for protecting community rights. The study argues that the internationalization of constitution-making in Kosovo produced a constitutional order of a hybrid character, combining elements of state sovereignty with external constraints imposed through international mechanisms. Through a qualitative and analytical approach, the paper identifies the tensions between institutional stability and democratic legitimacy, assessing the long-term implications of this model for the functionality of the state. The findings suggest that, although international intervention contributed to building a stable and inclusive constitutional framework, it simultaneously limited the full development of sovereignty and decision-making autonomy. The study contributes to the literature on post-conflict constitution-making by offering a critical analysis of the role of international actors in transforming the constitutional order and the concept of sovereignty in contemporary state-building practice

• Details
• Contents