When Constitutional Court Steps In: Rethinking Constitutionalism Through Judicial Activism. Case Study of the Republic of North Macedonia
When Constitutional Court Steps In: Rethinking Constitutionalism Through Judicial Activism. Case Study of the Republic of North Macedonia

Author(s): Jelena Trajkovska-Hristovska
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Court case
Published by: ADJURIS – International Academic Publisher
Keywords: Constitutional court; constitutionalism; separation of powers; instruments for judicial activism; normative framework;
Summary/Abstract: Constitutional activism has played a significant role in advancing the interpretation and evolution of law. However, when judges begin to believe they can address all societal issues by stepping into legislative and executive roles - often due to a perception that these branches have fallen short in their duties - numerous challenges inevitablye merge. The paper will examine the dynamic interplay between constitutional (judicial) activism of constitutional courts and constitutionalism, analyzing how constitutional courts navigate their role within modern constitutional democracies. The paper will focuson mechanisms and instruments that fuel judicial activism, within the legal framework of Republic of North Macedonia. The paper explores whether certain elements embedded in the legal framework of the Constitutional Court might, over time, create conditions that disturb the balance between the branches of power. It considers the possibility that the Court — despite being traditionally seen as the weakest link in the separation of powers— could gradually take on a more dominant role in the constitutional structure. The analysis also reflects on whether the system has sufficient mechanisms in place to respond to such developments. The research relies on comparative and doctrinal methods, combining an interpretation of constitutional provisions with a contextual analysis of court practice and legal scholarship. This approach is commonly used in constitutional law to assess the evolution of institutional roles and to draw parallels across jurisdictions. The analysis of instruments that foster judicial activism, will provide insights into the evolving role of the Constitutional court of Republic of North Macedonia in reinforcing or challenging the foundational structures of governance.

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