The constitutional judiciary in Macedonia was first established with the Constitution of the Socialist Republic of Macedonia in 1963. The Constitutional Court of Macedonia was constituted and commenced its work in 1964.
Within the framework of the federative system of the former Yugoslavia, in which Macedonia was a federal unit, the Constitutional Court of Macedonia began functioning as an independent body of the Republic tasked with the protection of constitutionality and legality. The Court commenced its work on 15 February 1964, with its status and competence defined by the Constitution, while the proceedings and legal effects of its decisions were regulated by the Law on the Constitutional Court of Macedonia of 1963.
Prior to the establishment of this specialised body, the representative i.e., legislative body simultaneously held the function of upholding constitutionality, based on the prevailing view that the legislative authority, as the creator of laws, inherently determined their constitutionality—an approach generally accepted within the system of unity of power in the so-called people’s democracies.
The necessity of introducing constitutional judiciary was directly linked to the expansion of judicial competence in administrative matters. Previously, the judiciary had been limited to adjudicating civil and criminal cases. With the introduction of administrative disputes and judicial review of individual administrative acts, the function of judiciary was completed, encompassing civil, criminal, and administrative law. This development reflected the need for human rights protection to be ensured through independent judicial institutions rather than through the discretionary power of administrative and other executive organs. If courts deemed a law they were required to apply to be unconstitutional, they had the right to propose that the Supreme Court initiate a proceeding to review the compatibility of the law with the Constitution. During this period, the legislative body retained the authority to annul or repeal unconstitutional and unlawful regulations and other acts issued by the executive branch, while this organ had similar powers concerning administrative acts.
With the adoption of the Constitution of the Socialist Republic of Macedonia in 1974 and the Law on the Foundations of the Procedure and Effects of Decisions of the Constitutional Court in 1976, minor amendments were made to the competence of the Court and the legal effects of its decisions. However, its position relative to the legislative and executive authorities remained unchanged. The Constitutional Court continued to be part of the system of unity of power, with the role of ensuring internal harmony within the legal order. Despite its relatively limited competence (for instance, the Court lacked the authority to annul or repeal unconstitutional laws and could only determine their incompatibility with the Constitution), it played a significant role in protecting the legal order within the political system based on the principle of the unity of power.
One of the fundamental functions of the Constitutional Court under the Constitution of 1974 was to monitor developments of relevance to the enforcement of constitutionality and legality, report to the legislative body on the state of constitutional and legal compliance, and provide opinions and proposals regarding the adoption and amendment of laws and other measures to ensure constitutionality and legality. In most cases where the Court intervened in matters of constitutionality, it primarily employed a method of caution and recommendation, leaving the law-making body to rectify any unconstitutional provisions. This approach deliberately avoided direct cassation intervention, fostering an atmosphere of collaboration in achieving common objectives.
On 8 September 1991, through a referendum, the citizens of the Republic of Macedonia affirmed their statehood and sovereignty, expressing their will for Macedonia to be constituted as an independent and sovereign state. This process was constitutionally completed with the adoption of the Constitution of the Republic of Macedonia on 17 November 1991. According to the Constitution, the social-economic, and political system of the Republic is based on the principles of the rule of law, human rights and freedoms, the separation of powers, a market economy, and other fundamental values of modern democratic society.
The current Constitution establishes the Constitutional Court of the Republic of Macedonia as a body of the Republic entrusted with the protection of constitutionality and legality, as well as the safeguarding of fundamental human rights and freedoms.