The Role of the Constitutional Court in the Protection of the Human Rights

Abstrakt

,,Human Rights Protection by the Constitutional Courts- case study of Republic of Macedonia” is a paper that presents basic conclusions on the development of the principle of constitutionality and protection of the human rights by the constitutional courts. The protection of rights can be divided into two categories: 1) protection againstspecific violation of rights –individual act or failure to act of the executive power and 2) protection against general rules adopted by legislative power or issued by the executive branch (control of the constitutionality of acts by the constitutional court)

The Constitutional Court should be one of the principal guardians of the human rights. The wave of democratization and accepting the idea of human rights protection, actualized the need for protection of the human rights by the Constitutional courts. This paper will analyze the constitutional frame of the human rights protection by the Constitutional Court of Republic of Macedonia, and the need for Constitutional complaint as a basic instrument for this protection. The purpose of this paper is to point the weakness of the competence of the Constitutional Court of Macedonia- its limited scope of the rights which are protected and the insufficiency of the instrument of Constitutional complaint. This paper will also analyze one of the basic competences of the Court – the conformity of the laws with the Constitution and conformity of the collective agreements and other regulations with the Constitution and the laws. The competence of the Constitutional court to decide on constitutionality and legality is very important for protection of rights as well. Finally, this article will point the weaknesses of the constitutional and legal provisions as well as to the problems in the practice of the Court, which should provide protection of the rights.