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A View on the Customs and the Constitutional Conventions as Subsidiary Sources of the Constitutional Law Sinani, Blerton; Dumi, Alba
Mediterranean Journal of Social Sciences Vol. 3 No. 2 (2012): May 2012
Publisher : Richtmann Publishing

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Abstract

The aim of this research article is “developing the topic” which is being analyzed. The treated issues in this researcharticle, with constitutional – juridical thematic, lay and focus in analyzing the customs and the constitutional conventions assubsidiary sources of the constitutional law, as a branch of the law, it presents illustrative and concrete examples from thepractice of the comparative constitutional law. This article shows special interests, mainly and firstly, in the development oftheoretic and juridical – constitutional thought, and also treats professional and applicative issues. The juridical norms, if we usea figure of speech, are “the spinal cord” or “the essence” of the constitutional law as a branch of the law. As a matter of fact, thejuridical norms constitute the content of the constitutional law. The juridical norms that regulate the social relations, whichcompose the object of the constitutional law are called constitutional – juridical norms, and this is how they diverge from thejuridical norms that regulate other social relations, which on the other side, are included in other branches of the law (in theadministrative law, in the criminal law, in the civil law etc)1. The constitutional – juridical norms are juridical sui generis norms(norms of a special kind), that are “regulated or sanctioned by the state” for the juridical regulation of the social relations whichare created during the activity of the highest and most important organs of a given state.
The Emphasized Legislative in Macedonia Institutions and Enforce Laws, Regulations and Developing Administrative Improvements Sinani, Blerton; Dumi, Alba
Mediterranean Journal of Social Sciences Vol. 3 No. 2 (2012): May 2012
Publisher : Richtmann Publishing

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Abstract

The definition of the constitutional law is an important theoretical problem, because in literature, generally, "there isno single definition" of the constitutional law. Seen from the perspective of the broad (wide) comparative juridical-constitutionalliterature, a conclusion drawn can be, that the constitutional law can be defined in two main meanings: first, in the traditionalmeaning and, secondly, in the modern one. In the traditional sense, the constitutional law is defined as "a set of juridical normsthat refer to the dispersion of state power and the exercise of that power by the state bodies and with which in the same time thereciprocal relationships within state bodies, and the reciprocal relationships between state, citizens and institutions are defined."In the frame of the traditional sense, the constitutional law can be viewed in two basic meanings (senses) one, in the strictmeaning and, two, in the broad one. In its narrowest sense, the constitutional law can be defined as "a set (an entirety) ofjuridical norms, intended to regulate relationships within the state between the ruler (ruler) and the governed (ruled).