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Konflikti për Gardianin e Kushtetutës në Republikën e Kosovës

Berisha, Durim; Bokshi, Bardh

Constitutional discourse in states in democratic transition has been and remains focused in constitutional phenomena which introduce novelties for the societies of those states. Therefore, such a discourse on the existence of constitutional justice is inevitable in the Kosovar society as well. Thus, this work aims to bring to the fore the role and position of the Constitutional Court of Kosovo, comparative aspects of that institution with regard to other constitutional bodies; and finally, a detailed treatment regarding the existence of that institution based on doctrinal comparative aspects and the case law of the Constitutional Court of Kosovo itself. The birth of the European constitutional justice produced the famous Schmitt-Kelsen debate on the question of the guardian of the constitution. Early stages of the constitutional jurisprudence also revealed a clash between constitutional courts and governing bodies. But in Kosovo, it was the President who claimed to be the guardian of the constitution. An opinion which was supported also by the Speaker of the Parliament .

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Berisha, Durim / Bokshi, Bardh: Konflikti për Gardianin e Kushtetutës në Republikën e Kosovës. 2019.

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