The Evolution of the Constitutional System in Albania

Abstract

This paper aims to introduce the readers with the standards of the Albanian constitutional provisions, as the keystone of the whole legal system of the country. As the basic document of the functioning of the state, the constitution is a reflection of the national aspirations of the respective society as expressed in the political, social and the legal system. This is especially true for the system of protection of human rights, since the guarantees against the violation of the basic rights of the individuals are usually an integral part of the constitution of a country. Upon the establishment of the new democratic regime in 1991, the entire Albanian legal system underwent substantial changes, which were the sine qua non of the reconstruction of the new social and political order. The constitutional provisions, as the supreme laws of the country and the basis of the political, legal and social structure, were the firsts to go through the process of reformation. In 1991 Albania adopted a constitutional regulation that was different to the previous one. This constitutional regulation, although not sufficient and adequate, guided the country for several years until the adoption of a proper Constitution in 1998. The paper focuses on the characteristics of the constitutional regulation in terms of human rights guarantees, status given to the international law in the domestic level, and particularly the range of local recourses available to the individuals in cases of violations of their rights. It also describes the main features of the judicial and executive system, as the principal authorities whose activity is directly related to the enforcement of the rights of individuals.