Normativna kontrola ustavnosti i zakonitosti pravnih akata u Republici Makedoniji
Normative Control of the Constitutionality and Legality of the Legal Acts in the Republic of Macedonia

Summary/Abstract: Judicial review of legal acts is one of the main competences of the constitutional courts. By protecting the constitution, the constitutional courts are protecting the constitutional order. In theory, there are three possible violations of the constitution: formal, material and violation through an act adopted by an organ outside of its competences. The first one occurs when a law is passed in Parliament in a way that violates the prescribed procedure. The material violation happens when essence of the law is inconsistent with the constitution. The last one is when law or statute is brought by an organ which does not have the authority to do it. In the Republic of Macedonia, under Article 110 of the Constitution, the Constitutional Court is appointed to conduct judicial review of the acts and statutes. This provision also deals with the issues related to the concrete and abstract review of the laws, a posteriori and a priori rulings and with the reviewing of the international agreements which are ratified by the Parliament. Also, the author in this text refers to the jurisprudence of the Constitutional Court of Macedonia, its arbitrariness as a result of nonexistence of the constitutional limitations. The mandate of the Constitutional Court is regulated only by the constitutional provisions since there is no law that regulates the position and mandate of the Constitutional Court. This makes the Macedonian Constitutional Court one of the most powerful institutions of this kind in the world, but that is only on paper.

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