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Zbornik Radova Pravnog Fakulteta u Splitu
Article . 2020 . Peer-reviewed
Data sources: Crossref
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Zbornik Radova Pravnog Fakulteta u Splitu
Article
License: CC BY NC ND
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SSRN Electronic Journal
Article . 2020 . Peer-reviewed
Data sources: Crossref
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Constitutional principles and their impact on the establishing of constitutional order and rule of law in Kosovo

Ustavna načela i njihov utjecaj na uspostavu ustavnog poretka i vladavine prava na Kosovu
Authors: Çeku, Nur; Xhemajli, Haxhi;

Constitutional principles and their impact on the establishing of constitutional order and rule of law in Kosovo

Abstract

Considered as a progressive document based on the models of the Western constitutions, the Constitution of the Republic of Kosovo has established the legal basis for a functional statethat respects rights and fundamental freedoms while guaranteeing the rule of law. In its provisions, the Constitution has laid down basic principles which serve as the foundation for Kosovo’s constitutional order. In this regard, these constitutional principles have been further enshrined in the provisions of laws that emanate from the Constitution, and also have been established in the institutional mechanisms for its appropriate application. In addition, what played a prominent role in defining these principles was the impact of the Constitutional Court’s case-law. Case-law has reaffirmed in many instances the tremendous importance of constitutional principles in enhancing the rule of law, protecting the rights of minority groups and other members of Kosovo’s society, and the right to freedom of belief and secularism by implementing the most modern European standards in human protection. Hence, this paper analyzess the impact that constitutional principles have had on defining the structure of the state, guaranteeing the rule of law, protection of human rights and establishing Kosovo as a multi-ethnic society. Likewise, it examines the case-law of Kosovo’s Constitutional Court by providing some of the most prominent cases.

Country
Croatia
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Keywords

ljudska prava, constitutional principles, rule of law, case-law, human rights, sudska praksa, programi afirmativne akcije, Constitution, Ustav, affirmative action programs, vladavina prava, Constitutional Court, Ustavni sud, ustavna načela

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    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Published in a Diamond OA journal