EXPLICIT AND IMPLICIT UNAMENDABLE CONSTITUTIONAL PROVISIONS FROM THE PERSPECTIVE OF THE KOSOVO CONSTITUTION
EXPLICIT AND IMPLICIT UNAMENDABLE CONSTITUTIONAL PROVISIONS FROM THE PERSPECTIVE OF THE KOSOVO CONSTITUTION

Summary/Abstract: This paper reviews the debate over the power of the constitutional amendment in Kosovo, by primarily dealing with two forms via which it is manifested namely, norms that explicitly define their unamendability and norms that the court of constitutional jurisdiction has identified as unamendable in their implicit nature. To reach that objective, the paper proceeds as following: it first reviews the jurisdiction of the Constitutional Court to review draft-constitutional amendments, and the criteria on which it may rule. Thereafter, the paper explains how certain amendments conform to the explicit prohibitions on amendability present in the constitution. The paper than continues further by deconstructing the constitutional court's contribution in identifying the unamendability of the constitutional norm with an implicit nature. This is primarily considered from the perspective of landmark judgments of the Constitutional Court, which, as will be seen, have contributed to the expansion of the Court’s review power as well as the material criteria governing the limitations on the power of constitutional amendment.

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