The strength of the arguments makes the decision of the Constitutional Court authoritative, said Kostadinovski
Constitutional Court President Darko Kostadinovski participates in the 10th Congress of the Association of Constitutional Courts of the Francophonie in Bucharest Romania, where he addressed the first working session with a focus on the topic: the constitutional framework of interpretation of the Constitution.
In his speech, according to the Constitutional Court, he emphasized him on « living constitutionalism » and the interpretation of the Constitution in modern societies. He emphasized the dilemmas of interpreting the Constitution through the prism of two views, « Live Constitutionalism » and originalism, emphasizing that his understandings are closer to interpreting the Constitution through one of the more modern ways of interpreting it, that is, « alive consortationalism ».
-Definition for the « living constitution » is a constitution that changes as the times change. Namely, changes in society require adaptation, adaptation of constitutional values, principles and norms of changes incurred, without a formal change in the constitutional text. This theory is in touch with reality, and such an approach to the constitutional judicial interpretation itself imposes itself as necessary, necessary and socially justified. The strength of the arguments is the one that makes the court’s decision authoritative, while the absence of an argumentative and reasoned decision made through the prism of living constitutionalism can only confirm the fears of the originalists, for « constituent from the bench ». These essential elements lead to the perfect legal effect called « moderate living constitutionalism », which has its practical effect in social understandings that transcend constitutional – said the president of the Constitutional Court.
According to President Kostadinovski, this way of interpreting constitutional norms, in modern societies defies the challenges that constitutional judges face and is aimed at affirming the role of constitutional judges as keepers of the Constitution, but also the most callers of the legal norm.
-Creative and innovative interpretation stimulates the ambition and sense of conscience and responsibility among judges, prevents lethargy and stagnation in the quality of debates and decisions, enables progress, and develops decent skillful criticism of decisions. By interpreting the constitution through the prism of living constitutionalism, the power of legal understandings and arguments to do so can only increase the credibility and authority of the court, first anticipate and accept them, but at the same time influence and trace the changes or more precisely.
The Constitutional Court of the Constitutional Court President, the Presidents of the European Court of Justice and the European Court of Human Rights, representatives of the Supreme Court for Cassation and Justice, the President of the ACCF and other prominent lawyers from European courts and international organizations, will address the president.
The working part provides for ACCF members to discuss and make decisions on: three-year report on ethical principles, presentation of the three-year financial report, proposal for amendments to the ACCF Statute and Rules of Procedure, presentation of the General Assembly of the Constitutional Judge, nominated by ACCF. Period 2025–2028, presentation of the Kosovo Constitutional Court’s membership request, presentation of the ACCF’s three -year program for the period 2025–2028.
In addition to Kostadinovski, part of the delegation of the Constitutional Court in Bucharest is the Court adviser Tatjana Janjic-Todorova.
