Badinter in Macedonian Constitutional Court: Novum or requiem

• Main Author: Krčinski Blaže
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2011-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: Constitutional court; Badinter principle; constitutional changes; Protection of national minorities; voting in constitutional courts about legalityof acts
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2011/0550-21791102551K.pdf
• ISSN: 0550-2179; 2406-1255

In this paper author talks about Macedonian constitutional court and the possibility of adopting a new principle so called Badinter principle. This principle is already in use in Macedonian Parliament and his basic goal is protecting the national minorities from being over voted in the Parliament. Whit this Albanian minority wants to insure that the law's who are pass in the Parliament with this principle, would apply in the Constitutional court exactly the same. According the author this will only provide exception of constitutionality of law's who are past in the parliament with Badinter principle. National minorities can't get a bigger protection of their rights which they currently enjoy, without putting the majority in subordinate role and breaking the fundamental principles of rule of law. Constitutional court should keep the same competencies and the way of deciding who are well accepted in comparative practice. Only way out of these situations is electing judges who are professional and who would resist the political pressure, and would lead only by law.