Constitutional Protection of the Head of State: The Case of Kosovo
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Enver Hasani
President of the Constitutional Court of the Republic of Kosovo. He is also a Professor of International Law and International Relations at the University of Prishtina. Prior to his appointment as Judge of the Constitutional Court in 2009, President Hasani served as Rector of the University of Prishtina, a position held from 2006 after serving as Dean of Faculty of Law of this University
Abstract
This paper clarifies the role and position of the Head of State from a comparative perspective, as well as the protection of that institution from an extra constitutional dismissal via constitutional amendment. Its starting point was the exercise by the Constitutional Court of Kosovo of abstract preventive control of eleven (11) proposed constitutional amendments. The Court declared unconstitutional over sixty (60) per cent of them, including amendment ten (10), the major subject of this paper. In this case, the Court made it clear that the early termination of the mandate of the Head of State undertaken through the enactment of a new constitutional amendment was unconstitutional. Ultimately, the paper demonstrates that no serious and professional court would ever take into account arguments ad hominem in cases dealing with abstract review of constitutionality of laws and constitutional amendments.
About the author
President of the Constitutional Court of the Republic of Kosovo. He is also a Professor of International Law and International Relations at the University of Prishtina. Prior to his appointment as Judge of the Constitutional Court in 2009, President Hasani served as Rector of the University of Prishtina, a position held from 2006 after serving as Dean of Faculty of Law of this University
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Inhalt
- Table of Contents
- Editorial
- Articles
- Constitutional Protection of the Head of State: The Case of Kosovo
- Freedom of Communication in the US and Europe
- Terrorism and Constitutional Change: Lessons from Spain
- Notes
- Egypt’s Constitution: What went Wrong?
- Constitutional Court and Constitutional Review in Albania
- Developments Austria
- Determination of citizenship after (supposed) birth through full surrogacy in the Ukraine
- Comprehensive prohibition of panhandling in public areas unconstitutional
- The exclusion to receive copies of video surveillance in the light of the right to a fair trial
- Developments CEE
- Polish Constitutional Tribunal: The rules for disclosing case records at the pre-trial stage of criminal proceedings
- Hungarian Constitutional Court: The Ratification of the Fiscal Compact
- Book Reviews
- Werner Heun, The Constitution of Germany: A contextual analysis, Hart Publishing, 2011, ISBN 978-1841138688, 241 pp.
- Ioannis Lianos/Okeoghene Odudu (eds), Regulating Trade in Services in the EU and the WTO. Trust, Distrust and Economic Integration, Cambridge University Press 2012, ISBN 9781107008649, 489 pp.
Articles in the same Issue
- Inhalt
- Table of Contents
- Editorial
- Articles
- Constitutional Protection of the Head of State: The Case of Kosovo
- Freedom of Communication in the US and Europe
- Terrorism and Constitutional Change: Lessons from Spain
- Notes
- Egypt’s Constitution: What went Wrong?
- Constitutional Court and Constitutional Review in Albania
- Developments Austria
- Determination of citizenship after (supposed) birth through full surrogacy in the Ukraine
- Comprehensive prohibition of panhandling in public areas unconstitutional
- The exclusion to receive copies of video surveillance in the light of the right to a fair trial
- Developments CEE
- Polish Constitutional Tribunal: The rules for disclosing case records at the pre-trial stage of criminal proceedings
- Hungarian Constitutional Court: The Ratification of the Fiscal Compact
- Book Reviews
- Werner Heun, The Constitution of Germany: A contextual analysis, Hart Publishing, 2011, ISBN 978-1841138688, 241 pp.
- Ioannis Lianos/Okeoghene Odudu (eds), Regulating Trade in Services in the EU and the WTO. Trust, Distrust and Economic Integration, Cambridge University Press 2012, ISBN 9781107008649, 489 pp.
