IDEAS home Printed from
MyIDEAS: Log in (now much improved!) to save this article

The Constitutional Court as a Guarantor of the Fundamental Human Rights and Freedoms

Listed author(s):
  • Xhezair ZAGANJORI
Registered author(s):

    Protection of the fundamental human rights and freedoms constitutes an essential function of the Constitutional Courts. This has been and continues to be the underlying reason for the establishment of these important mechanisms of the democratic state. However, the ways in which these fundamental human rights and freedoms are guaranteed by the Constitutional Courts vary from one country to another. In the majority of cases, this is realized not only through the abstract control of norms, or the incidental control (which is initiated by the courts of ordinary jurisdiction), but even through the individual complaints. On the other hand, the means and the area of constitutional control, exercised on the basis of individual complaints for the violation of fundamental human rights and freedoms, do not result to be the same ones. In this aspect, the Albanian case is presented as very particular and problematic. In pursuance of articles 42 and 131/f of the Constitution, the individuals can be addressed to the Constitutional Court only in cases when they claim the violation of their right to due process of law. Actually, according to the case law of this court, this right has been understood and implemented only as a procedural guarantee in the context of Article 6 of the European Convention on Human Rights, and not in the substantive context. Nevertheless, the Constitutional Court of the Republic of Albania has made efforts to give a broader interpretation to the procedural context of the due process of law.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL:
    Download Restriction: no

    Article provided by Published by Cugetarea and indexed by Lumen Department of Economics on Behalf on Mihail Kogalniceanu University in its journal Buletin stiintific - Scientific Bulletin.

    Volume (Year): 19 (2010)
    Issue (Month): (February)
    Pages: 22-30

    in new window

    Handle: RePEc:lum:rev5rl:v:19:y:2010:i::p:22-30
    Contact details of provider: Web page:

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:lum:rev5rl:v:19:y:2010:i::p:22-30. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Amariei Mirela)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.