Constitution of Albania
Part of a series on the |
Albanian Constitution |
---|
Albania |
Preamble |
Parts of the Constitution |
Referendums |
|
The present Constitution of the Republic of Albania (Albanian: Kushtetuta e Republikës së Shqipërisë) was adopted by the Parliament of Albania on 21 October 1998 and certified by presidential decree on 28 November 1998, following a failed referendum which was boycotted by the opposition.[1][2] It is split up over many different acts. The document succeeded the 1976 Constitution, originally adopted at the creation of the People's Socialist Republic of Albania on 28 December 1976 and heavily amended on 29 April 1991.[3]
The present Constitution defines
The Constitution is divided into 18 parts which sanction a parliamentary democracy, people's sovereignty and fundamental rights of the citizens as well as other important points. The Constitution is said to have fulfilled all the requirements for a modern European constitution.[6]
Due to political instability, Albania has had many constitutions during its history. The modern state was initially constituted as a
History
Medieval period
Modern period
This section needs additional citations for verification. (November 2020) |
During the National Renaissance of the 19th century, Albanians founded the League of Prizren and in the meantime a provisional government for the Albanian-speaking territories of the Ottoman Empire. The "New Kanun" was adopted as a program and statute for the governing bodies. This is often regarded as the beginning of the modern Albanian politics and diplomacy.
In 1913, the
The 1913 borders arranged by European powers left more than half of the
During the 1920s, Albania experienced political instability and rapid succession of governments. In 1924 a revolutionary group took over by force, while six months later Ahmet Zogu crushed the revolution. In 1925, an Albanian Republic was declared under a constitution based mostly on the model of the Third French Republic.[9] The Republic had a bicameral legislature (Chamber of Deputies and Senate) that elected a President, who was head of state and of government (Council of Ministers) for a seven-year term. The constitution departed from the then-French model, however, in the sweeping powers vested in the presidency. The President, among other things, had the right to appoint one-third of the Senate and rule by decree. The only president under this system was Zogu; for all intents and purposes, his presidency was a legal dictatorship.
Three years later, in 1928, Albania was proclaimed a kingdom, and President Zogu became
With the
Communist period
After the liberation of Albania from Nazi occupation, the communists established the Democratic Government of Albania. On 11 January 1946, the constitution of the People's Republic of Albania was promulgated, to which amendments were adopted in 1950. It was later replaced on 28 December 1976, by the Constitution of the People's Socialist Republic of Albania.[12]
The 1976 Constitution defined Albania as a "Socialist People's Republic" (Art. 1) and a "state of the proletarian dictatorship" (Art. 2), and in a similar manner to its predecessor entrenched the rule of the
Present-day
The 1976 Constitution remained in effect until September 5, 1991, when a temporary basic law was passed to legalize a pluralist system and re-establish a capitalist economy in Albania. Based on this document, which defined Albania as a parliamentary republic, the new Constitution was drafted in 1998. Many drafts, such as the one proposed in 1994, failed to be ratified. The current Constitution was ratified by a popular referendum in 1998.[13]
Contents
Part | Topic | Description[14] |
---|---|---|
I | Basic Principles | Part I of the Constitution defines elections are free, equal and periodic.
|
II | Fundamental Human Rights and Freedoms | The fundamental human rights and freedoms are indivisible, inalienable, and inviolable and stand at the base of the entire juridical order. |
III | The Assembly | Election and Term ; Deputies ; Organization and Functioning ; Legislative Process ; Council of the Assembly |
IV | The President of the Republic | |
V | The Council of Ministers | |
VI | Local Government | |
VII | Normative Acts and International Agreements | Normative Acts ; International Agreements |
VIII | Constitutional Court | Courts ; High Council |
IX | The Courts | |
X | Prosecution | |
XI | Referendum | |
XII | Repealed by Law No. 9904 § (21.4.2008), Articles 153 and 154. | |
XIII | Public Finances | |
XIV | State Supreme Audit | |
XV | Armed Forces | |
XVI | Extraordinary Measures | |
XVII | Revision of the Constitution | |
XVIII | Transitory and Final Provisions |
List of constitutions
No. | Constitution | Enacted |
---|---|---|
1 | Organic Statute of Albania
|
10 April 1914 |
2 | Canonical Basis of the High Council | 31 January 1920 |
3 | Expanded Canonical Basis of the High Council | 14 December 1922 |
4 | Fundamental Statute of the Albanian Republic | 2 March 1925 |
5 | Fundamental Statute of the Albanian Kingdom | 1 December 1928 |
6 | Fundamental Statute of the Kingdom of Albania | 3 June 1939 |
7 | Statute of the People's Republic of Albania → Changes made to the constitution (5 July 1950) |
14 March 1946 |
8 | Constitution of the People's Socialist Republic of Albania → Law on the main constitutional provisions (29 April 1991) |
28 December 1976 |
9 | Constitution of the Republic of Albania | 28 November 1998 |
References
- ^ Historiku i Kuvendit të Shqipërisë
- ^ Albanian Constitution approved by the Albanian Parliament[permanent dead link]
- ^ Andersen, Bjoern, ed. (17 March 2005). "The Albanian Constitution of 1976". Retrieved 29 July 2016.
- osce.org. p. 1.
Albania is a parliamentary republic. The Republic of Albania is a unitary and indivisible state.
- ^ Albanian Constitution - Venice Commission
- ^ "IPLS - A Brief "Constitutional History" of Albania". Archived from the original on 2012-07-19. Retrieved 2007-09-12.
- ^ The Kanun in present-day Albania
- ^ Statuti Organik i Shqipërisë (PDF) (in Albanian).
- S2CID 147135562.
- ^ Albania Study
- ^ Drejtësia Kushtetuese në Forcimin e Shtetit të së Drejtës
- ^ The Constitutions of the Communist World
- ^ "Albanian Constitution of 21 October 1998 - Ahjucaf" (PDF). Archived from the original (PDF) on 22 January 2021. Retrieved 24 August 2020.
- ^ "Constitution of Albania". wikisource.org.