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Title: The Conceptual Framework of Human Rights Protection (Case Study of Republic of North Macedonia)
Authors: Renata Deskoska, Jelena Trajkovska-Hristovska
Keywords: Constitutional Law, Human rights, Constitutional court, Control of the Constitutionality of Acts, Judicial review, Constitutional complaint, Ombudsman.
Issue Date: 2022
Abstract: ,,The Conceptual Framework of Human Rights Protection (Case study of Republic of North Macedonia), is a paper that presents basic conclusions on the established constitutional framework on human rights protection. Following the introduction, the first point deals with the constitutional frame of human rights. Although Constitution of Republic of Macedonia adopted in 1991, has been criticized for the manner of regulating certain human rights, and for lacking the principle of proportionality in the restriction or revocation of human rights in a state of emergency or war, the general conclusion is that it provides a modern, liberal concept of human rights. The evaluation of the existence of the Rule of Law in one country means not only evaluation of the constitutional concepts of human rights, but also of their successful protection. In every country, there is a need for institutions that will protect human rights. Without these instruments, human rights will remain only constitutional proclamations, and the constitution will be "just a piece of paper." These institutions are needed to transform the ,,human rights rhetoric” into reality. This paper elaborates the Constitutional Court of Republic of North Macedonia, as a defender of the constitutionality and legality, the role of the courts and the ombudsman in the protection of human rights. The paper also analyzes the insufficiency of the institute of constitutional complaint in the legal system, as one of the most important and specific remedies for protection of the human rights. The article points to the weaknesses of the constitutional and legal provisions as well as to the problems in the practice of the Constitutional court and other institutions, which should provide protection of the rights.
Appears in Collections:Faculty of Law: Journal Articles

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