IZETI, Muhammed (2026) CONSTITUTIONAL INTERPRETATION AND THE ROLE OF THE CONSTITUTIONAL COURT AS A "NEGATIVE LEGISLATOR" IN REPUBLIC OF NORTH MACEDONIA. In: INTERNATIONAL CONFERENCE “FROM RESEARCH TO APPLICATION”, 18-19 November, 2026.
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Abstract
This paper analyzes the role of the Constitutional Court as a “negative legislator”, a concept originally formulated by Hans Kelsen, and the way in which this role has been implemented and developed in the practice of the Constitutional Court of the Republic of North Macedonia. Through the analysis of normative acts and concrete decisions of this Court, the paper shows how constitutional review, in particular through decisions on abrogation and annulment, as well as through interpretative decisions, has pushed the Court beyond the classical negative function towards a more active role in shaping the meaning of the constitutional norm. The paper then offers a comparison with the constitutional systems of other countries in the region – Albania, Kosovo, Serbia and Croatia – identifying institutional similarities and differences in constitutional review and in the degree of judicial activism. In conclusion, it is argued that the dividing line between “negative legislator” and “positive legislator” remains increasingly blurred in the contemporary practice of constitutional justice in the Western Balkans.
| Item Type: | Conference or Workshop Item (Paper) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | Unnamed user with email zshi@unite.edu.mk |
| Date Deposited: | 10 Nov 2026 10:46 |
| Last Modified: | 10 Nov 2026 10:46 |
| URI: | http://eprints.unite.edu.mk/id/eprint/2702 |
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