Mosmarrëveshjet e kompetencave midis pushteteve & Jurisprudenca e Gjykatës Kushtetuese
Competence Disputes among the Branches of Powers and the Judiciary of the Constitutional Court

Summary/Abstract: The paper aims to describe the notion of “disputes between the three branches of power “. The above-mentioned objective I am referring to, i.e. the case-law of the Constitutional Court, constitutes today a real doctrine in this fi eld and it is also present in the Albanian and foreign literature alike. Nowadays, in all democratic regimes the governance system based on the check and balance between the three branches of power, which means that each institution is specialized and empowered to accomplishing his duties, separately and without the interference of the other institutions in order not to have a giant tyrant in the country. The principle of check and balance of power does not consist into a simple division of work, but it also requires equality and independence of these powers, including the control between them in order to maintain the balance of power: a tyrant should not become three tyrants. The paper includes the case-law of the Constitutional Court of the Republic of Albania. The Constitutional court jurisdiction on disputes between the three branches of power extends not only in their constitutional order, i.e. not only in cases regarding the check and balance between the three branches, but it also affects the relations created due to legislative acts. The constitutional jurisdiction has been the procedure of control of constitutionality and legality between three branches of power, in a both horizontal and vertical perspective.

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