History

The Constitution of the Socialist Republic of Macedonia of 1963 established the Constitutional judiciary in Macedonia.

In circumstances when former Yugoslavia was a federatively defined society, and Macedonia was its federative unit, the Constitutional Court of Macedonia, as an independent organ of the Republic protecting the constitutionality and legality, started its work on February 15, 1964. The Constitution defined its position and competence whereas the Law on Constitutional Court of Macedonia of 1963 regulated the procedure and legal effects of its decisions.

Prior to the introduction of this special organ, the representative organ, i.e. the legislature was, at the same time the bearer of the constitutionality, since the lawmaker was considered to determine their constitutionality, a generally acknowledged model in the system of unity of power, i.e. in the countries of people’s democracies.

The need of introducing constitutional judiciary was directly connected with the establishment of court jurisdiction for administrative cases, whose competence, up till then, was focused on judging only the civil and criminal cases. Introducing the administrative lawsuit, court control of individual administrative acts, completed the function of the ordinary judiciary which included the civil, criminal and administrative decision adjudication. This arose from the need to provide protection of the rights of the individual and citizen through courts, as special and independent court functioning organs, and not through arbitrariness of administrative and other organs. The courts had right to propose to the Supreme Court to commence a proceeding for assessing the conformity of a law with the Constitution, if they considered the law, which was to be applied, as not being in conformity with the Constitution. In this period, the legislature kept the right to annul and/or repeal the unconstitutional and unlawful regulations and other acts adopted by the executive organ (the executive council).

The Constitution of the Socialist Republic of Macedonia of 1974 and the Law on Foundations of the Procedure and the legal effect of the Constitutional Court Decisions from 1976 brought small changes in the competence of the Court and the legal effect of its decisions. However, its position towards the legislative and executive power remained unchanged. The Constitutional Court, being a part of the system of unity of power, had a role to provide the internal harmony of the legal system. Although the Constitutional Court had limited competences (among other things, the Constitutional Court was unable to annul or repeal unconstitutional laws and could only ascertain their inconformity with the Constitution), at that time the Constitutional Court played a significant role in protecting the legal system within the framework of the political system which was based on the principle – unity of power.

According to the Constitution of 1974, one of the fundamental functions of the Constitutional Court was to follow the issue of interest for carrying out the constitutionality and legality, to inform the legislature about the states and problems pertaining to the carrying out of the constitutionality and legality and to submit opinions and proposals in regard with bringing and changing of laws and undertaking other measures for guaranteeing the constitutionality and legality. During that time in most of the cases when the Constitutional Court intervened regarding the constitutionality of laws, it often used the method of warning and pointing out, leaving to the lawmaker to eliminate the unconstitutionality of the law. The intentional avoidance of a direct cassational intervention created an atmosphere of collaboration in reaching a common aim.

Confirming the statehood and sovereignty of the Republic of Macedonia, the citizens of the Republic of Macedonia expressed their own will and gave their vote for the Republic of Macedonia to be constituted as a sovereign and independent country at the referendum held on September 8, 1991 and this was constitutionally and legally concluded by bringing of the Constitution of the Republic of Macedonia on November 17, 1991.

According to the Constitution, the social economic and political system of the Republic is based on the principle of rule of law, human rights and freedoms, separation of power, market economy and other fundamental values of the modern democratic society.

The Constitution establishes the Constitutional Court of the Republic of Macedonia as an organ of the Republic which protects the constitutionality and legality as well as fundamental freedoms and rights of the individual and citizen.