УСТАВНА ЖАЛБА КРОЗ ЈУРИСПУДЕНЦИЈЕ УСТАВНОГ СУДА МАКЕДОНИЈЕ
CONSTITUTIONAL COMPLAINT TROUGHT JURISPUDENCE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MACEDONIA

Summary/Abstract: In this paper autor analized the constitutional complaint in the republic of Macedonia, but because normative solutions are not so good and clear, we came with another approach trought jurisprudence of the constitutional court. This way we can analized how the court is acting and how is filling the gap that occurs in the normative sense. Afcourse the nonexistence of the constitutional court act is the main problem so the rules of procedure is thanking all “weight”. In this situation constitutional court is acting arbitrary, because id only limited bu the constitution and the rules of procedure witch are bringed by him. Judges are afraid to interpreted the constitutional rights and freedoms more extensively, witch result with just one positive decision from more than 180 witch are bring before the court in last 20 years. At the end it is necessary to change the constitution, to bring the constitutional court act in which we can provide more detail and bigger role of the constitutional complaint as a legal remedy.

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