Constitution of Albania

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The current Constitution of Albania was adopted on November 28, 1998. It defines Albania as a parliamentary republic. Due to political instability, Albania has had many constitutions during its short history as an independent country. It was initially a monarchy, shortly a republic, again a monarchy, and later suffered a communist dictatorship until the restoration of democracy in the 1990s. According to the Constitution, the Republic of Albania has a unicameral legislature composed of 140 deputies, who elect the head of state, the President of Albania, and the Council of Ministers that consists of the Prime Minister, Deputy Prime Minister and Ministers.

[edit] A historical view on the Albanian Constitution

Albanians have an old tradition for law and regulations. Among the old laws is the Kanun (Canon), a sort of constitution repsected by majority of Albanians throughout centuries. The Code of Lekë Dukagjini, which according to some writings was codified in the 15th century, is distinguished among several Kanuns. Kanun has provided some level of self-government for the Albanians under foreign rule and thereby democracy has been exercised. According to the Kanun, important decisions are made by Conventions of the Elderly.

During the National Renaissance of the 19th century, Albanians founded the League of Prizren and in the meantime a provisional government for the Albanian-populated districts 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, Albania was recognized as an independent country, yet it was decided by the European powers for a constitutional monarchy headed by a European monarch. The Constitution adopted for this time period did not have much effect partially due to the rebellions against the foreign king and partially due to World War I.

1913 borders arranged by European powers had left more than half of the Albanian-populated territories out of Albania’s borders. However, right after World War I, Albania was in danger of being re-portioned between Balkan countries and Italy. In opposition to this, Albanian leaders held Congress of Lushnje at which they decided to hold the sovereignty of their country and fight against any foreign invasion. A interim constitution sanctioning the monarchic regime was also passed.

During the 1920s Albania experiences a political instability, however. Several governments changed. 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 on the French model of the Third Republic” (IPLS). 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.

Three years later, in 1928, Albania was proclaimed a democratic and parliamentary kingdom. The legislative organ consisted of one chamber, while the executive power belonged the head of state, the King, and the cabinet composed of the Prime Minister and other ministers. With the Italian fascists invading Albania in 1939, this Constitution was abolished. Fascist collaborators in Albania offered the throne to Victor Emmanuel III, King of Italy, an act that heavily violated the Constitution of the Albanian Kingdom.

After the communists took over, they declared Albania a People's Republic and promulgated the new constitution on January 11, 1946. This constitution was later replaced on December 28, 1976 by the Constitution of People's Socialist Republic of Albania, which remained in effect until 1991 when a temporary basic law was passed to legalize a pluralist system and introduce democracy. 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.

[edit] External links

• Constitution of Albania
• The Institute for Public and Legal Studies
• Constitution of Albania (1991)