THE RELATION BETWEEN THE CONSTITUTIONAL COURT AND THE PARLIAMENT - SHADOW PLAY OR WILD MOOD SWINGS (CASE STUDY OF THE REPUBLIC OF MACEDONIA)

Abstract

The constitutional court doctrine testifies that the European constitutional courts are not courts that reach so-called “extravagant” decisions as the “guardian of the constitutionality” in the USA – the Supreme Court. They are not courts which often cause “tectonic” movements in the social values system. However, regulating the constitutional courts issues in the constitution represents a symbol of materialising the idea for constitutional and judicial control of the constitutionality (control of the constitutionality and legality performed by constitutional courts) as an invaluable guarantee of human rights and freedoms. Now, in the legal and political theory, the Constitutional Court is considered as supreme interpreter of the constitution, conditio sine qua non for proper functioning of the constitutional order, adroit collaborator with the other state authorities and successful guardian of the constitutionality. It is a construction without which "the brave new world” cannot be imagined. Compared to the actions of the USA Supreme Court, which is often evaluated as the action of the “raging bull" by the constitutional theory, the constitutional courts represent discrete, often modest and inexpressible institutions, which feature with careful and strategic avoidance of the confrontation with the other authorities in the system, closed action and adoption of well-argued and brave decisions which have the quality to start a completely new phase in the constitutional development with inexplicable subtleness.