A constitution is a body of principles which outlines the relationship between the state and the citizens, the rights of citizens, the relationship between part of the state and the relationship between citizens. (Jowell 25) It is usually superior to the ordinary law because it outlines the nature and power of the state and how laws are made. A constitution is an important part of any country’s system of government. Furthermore, it is a contract, the terms and conditions under which individuals elected to office must govern.
Albanian constitution draws a federal system of government; it is based on the separation and balancing of powers through the legislative, executive and the judiciary. (Article 7) the three bodies have each specific role in the day to day running of the government. The local government are municipalities and regions and perform all the duties of self government.(Article 108).The representatives of the basic units of the local government are the councillors who are elected after every three years by the general election through secret voting
Unicameral Legislature
The legislature in Albania is unicameral, there only exists one national assembly that is headed by the speaker and conducts its annual work in two sessions. (Article 74). Moreover the Assembly consist of 140 deputies all elected directly from different zones. The assembly is elected for four years. (Articles 64 and 65).
Nature of the Constitution
The constitution is flexible; Article 81 proposes that three-fifth majority of the national assembly can amend the laws provided in the constitution such as, laws on, citizenship, general and local elections, referenda, state of emergency, status of public functionaries, amnesty and law on administrative division of the republic. Moreover, the assembly review and approve a draft at the request of the council of ministers or one fifth. (Article 83).Approved constitutional amendment is put to a referendum when this is required by one fifth of the assembly members. (Article 177).
Categories of rights
The three powers of government
Albanian constitution discreetly outlines the functions of the major powers of the government. From the National assembly to the executive who include the deputies and finally the judiciary which encompass the courts.( article 124) The national assembly formulate new laws and pass important bills to the president. The courts protect and ensure justice and the rule of law are followed with due diligence.
Independence of the Judiciary
Albanian constitution, offer provisions for judicial independence as demonstrated in Article 145, where judges are independent and are only subject to the constitution. Furthermore every judicial decision is announced publicly. Transfer of judges cannot be done without their consent, except when the whole judicial system is reorganizing.( Article 147). The courts too, have special budget, which they administer themselves according to the law. (Article 144). Meanwhile the time a judge stays on duty cannot be limited, thus their pay and any other benefits cannot be lowered Such provisions ensure the credibility of the judicial system is conserved and cases such as malpractices are nearly impossible to occur.
Thomas Paine Crucial characteristic of Constitution
According to Thomas, a constitution is not the act of a government, but of an individual’s constituting a government; government without a constitution can be translated as power without a right. A constitution is the property of a nation and not of who exercise the government. It should be occasionally revised, altered and amended, to generate improvement made for perpetual security and constitutional liberty. Moreover, a constitution is the exploding all oaths of personality. The oath of allegiance provides a conducive and happiness of a nation. Thomas Apine would have definitely considered the Albanian constitution. This is because the Albanian is flexible and can be changed over time to suite each and every dynamic issue that affect the country. Moreover, since the constitution of Albania requires referendum majority win, it constitute a property of the nation. A few minority groups cannot contravene the constitution. Last but not least the Albania constitution provides the oath of allegiance to its citizens, this ensures that everyone in that country abides with the rules and understands their mandates as citizens of the country.
British constitution has evolved over a very long period of time, many have not thought of consolidating the building block of the constitution. The constitution has a mixture conventions, statutes, judicial decisions and treaties. (Brougham 132) Hence the name ‘uncodified’ constitution. Constitutional conventions presuppose the existence of a legal framework, and do not exist in a legal vacuum. (Turpin 310) The rule of law is one of the basic elements of the British constitution. The rule of law is based on that; no one can be punished without trial; no one is above the law and general principles of the constitution resulting from the judges’ decisions.
In Albania, there is the provision of Judiciary through the courts specifically the high courts are appointed by the president of the republic with consent of the Assembly. Judges have a tenure of 9 years that is non-renewable. However in Britain, there has been steady and growing reluctance of Law Lords to participate in the legislative business of the house. (Ginsburg 444)
Introduction of an amalgamated, Appellate Committee and Judicial Committee, which will act as the supreme court of the United Kingdom. (Taylor 98) .Moreover, the courts would recruit expert judges and develop a knowledge subject more profound than the generality of senior judges. When the law is clear the house has ordinarily no role to play. The point of view of law should be one of the importance to the wider public and simply not immediate parties.( Csonka 21)
Constitutional conventions are always used as a means of bringing about constitutional development for example in the UK since they do not have written constitution. (Leyland 139) Secondly, constitutional convections can be used to fill gaps within the legal structure of a government, for example in the UK, there is no law requiring that a Prime Minister be appointed. Creation of this office is a reaction to constitutional convention. (King 104)
Works Cited
King, Anthony. The British Constitution. New York: Oxford University Press, 2009. Print.
Brougham and V. H. B. The British Constitution: Its History, Structure and Working.
Bristol: Thoemmes, 2003. Print.
Turpin, Colin, and Adam Tomkins. British Government and the Constitution: Text and
Materials. Cambridge ; New York: Cambridge University Press, 2012. Print.
Taylor, Christopher W. Constitutional and Administrative Law. Harlow, Essex, England:
Pearson Longman, 2010. Print.
Ginsburg, Tom, and Rosalind Dixon. Comparative Constitutional Law. Cheltenham [etc.:
Elgar, 2011. Print.
Jowell, Jeffrey L, and Dawn Oliver. The Changing Constitution. Oxford [u.a.: Oxford Univ.
Press, 2007. Print.
Leyland, Peter. The Constitution of the United Kingdom: A Contextual Analysis. Oxford: Hart
Publishing, 2007. Print.
Csonka, Csilla. The Rule of Law and the British Constitution. Saarbrücken: Lambert
Academic Publishing, 2011. Print.
