Issues of Constitutional Identity in a Candidate State: Republic of North Macedonia

Abstract

Just as the constitutional identities of all countries represent a collection of historical facts, events, and occurrences related to the construction and development of the nation, so too does the Macedonian Constitutional Identity have its historical and contemporary content, reflecting the development of the state in a social, systemic, and institutional sense of the word. This is why it is considered that today’s Macedonian Constitutional Identity is a reflection of the past and present, aimed at shaping the future of the state. Generally speaking, contemporary Macedonian Constitutional Identity refers to the set of fundamental principles and values that define the political, legal, and cultural framework of the country, as laid out in its 1991 Constitution. However, the constitutional identity of the state has its roots at the very beginnings of the constitutional development of the country, more specifically in the constitutive decisions of the First Session of ASNOM adopted on August 2nd 1944. These decisions are the inspiration and philosophy behind the first Constitution of the People’s Republic of Macedonia from December 31st 1946, the second Constitution of the Socialist Republic of Macedonia from 1963, and the last Constitution of the Socialist Republic of Macedonia from 1974, when Macedonia was part of the Yugoslav federation. This means that Macedonian Constitutional Identity refers to a complex and evolving concept that balances the recognition of historical legacies with new democratic principles that are part of the independent Macedonian legal system following the adoption of the 1991 Constitution with its own nation’s distinctiveness, sovereignty, and democratic governance. It reflects the country’s commitment to democracy, rule of law, and human rights, as well as its unique cultural and historical legacy. The 1991 Constitution guarantees that the Macedonian legal system and governance are based on the separation of powers, ensuring the independence of the executive, legislative, and judicial branches. A key defined feature of Macedonian Constitutional Identity is the recognition of the country’s ethnic and cultural diversity, acknowledging the existence of various minorities in the country, including Albanians, Turks, Roma, Serbs, and others, and providing their rights and participation in the political process. This inclusiveness is particularly reflected in the protection of the languages,cultures, and traditions of the country’s ethnic minorities, which make up part of the Macedonian Constitutional and National Identity.