Constitution of Albania
Encyclopedia
The current Constitution
of Albania
was adopted on November 28, 1998. It defines Albania as a parliamentary republic
. According to the current 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.
The 1998 Constitution is divided into 18 parts which sanction a parliamentary democracy, people’s sovereignty and fundamental rights of the citizens as well as other important points. The Constitution is said to have fulfilled all the requirements for a modern European constitution.
Due to political instability, Albania has had many constitutions during its short history as an independent country. Albania was initially constituted as a monarchy in 1913, briefly a republic in the 1920s, then it returned to a democratic monarchy in 1928. It later became a socialist republic until the restoration of democracy in the 1990s.
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 the European powers decided for a constitutional monarchy headed by a European monarch. The Constitution adopted for this period did not have much effect partially due to the rebellions against the foreign king and partially due to World War I.
The 1913 borders arranged by European powers left more than half of the Albanian-populated territories outside Albania’s borders. However, right after World War I, Albania was in danger of being re-partitioned between Balkan countries and Italy. In opposition to this, Albanian leaders held Congress of Lushnjë
at which they decided to defend the sovereignty of their country and fight against any foreign invasions. An interim constitution (officially known as Statute) sanctioning the monarchy was also passed.
During the 1920s Albania experienced political instability and rapid succession of governments. 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. The Quisling government established by the Italians passed a new Constitution in 1939.
The 1976 Constitution defined Albania as a "Socialist People's Republic" (Art. 1) and a "state of the proletarian dictatorship" (Art. 2), and in a similar manner to its predecessor entrenched the rule of the Party of Labor of Albania as the leading force in the Albanian society and "the vanguard of the working class" (Art. 3). Though in socialist concepts, the Constitution guaranteed some human rights and privileges to the citizen, such as tax exemption (1976 Constitution, Art. 31). State organs, the People's Assembly as the legislative organ, the Presidium of the People's Assembly as a de facto collegial head of state, and the Council of Ministers as the executive branch were described to function in a similar way as in a parliamentary democracy. However, the actions of these organs were subject to the guidance and decisions of the Labor Party, while its organization was not defined by the Constitution. The First Secretary of the Party
was Commander-in-Chief
of the Armed Forces and Chairmen of the Defense Council (Art. 89).
The current Constitution was ratified by a popular referendum in 1998.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
was adopted on November 28, 1998. It defines Albania as a parliamentary republic
Parliamentary republic
A parliamentary republic or parliamentary constitutional republic is a type of republic which operates under a parliamentary system of government - meaning a system with no clear-cut separation of powers between the executive and legislative branches. There are a number of variations of...
. According to the current Constitution, the Republic of Albania has a unicameral legislature composed of 140 deputies
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
, who elect the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, the President of Albania, and the Council of Ministers that consists of the Prime Minister, Deputy Prime Minister and Ministers.
The 1998 Constitution is divided into 18 parts which sanction a parliamentary democracy, people’s sovereignty and fundamental rights of the citizens as well as other important points. The Constitution is said to have fulfilled all the requirements for a modern European constitution.
Due to political instability, Albania has had many constitutions during its short history as an independent country. Albania was initially constituted as a monarchy in 1913, briefly a republic in the 1920s, then it returned to a democratic monarchy in 1928. It later became a socialist republic until the restoration of democracy in the 1990s.
The Kanun and the Early Constitutional Laws
Albanians have an old tradition for law and regulations. Among the old laws is the Kanun (Canon), a sort of constitution respected 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 the European powers decided for a constitutional monarchy headed by a European monarch. The Constitution adopted for this period did not have much effect partially due to the rebellions against the foreign king and partially due to World War I.
The 1913 borders arranged by European powers left more than half of the Albanian-populated territories outside Albania’s borders. However, right after World War I, Albania was in danger of being re-partitioned between Balkan countries and Italy. In opposition to this, Albanian leaders held Congress of Lushnjë
Congress of Lushnjë
The Congress of Lushnjë was held in five sessions on January 27-January 31, 1920 in Lushnjë, Albania by Albanian nationalists and had as its goal the study of the Albanian situation and the measures to be adopted in order to save Albania from being partitioned among other countries after World War I...
at which they decided to defend the sovereignty of their country and fight against any foreign invasions. An interim constitution (officially known as Statute) sanctioning the monarchy was also passed.
During the 1920s Albania experienced political instability and rapid succession of governments. 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. The Quisling government established by the Italians passed a new Constitution in 1939.
The Communist Period (1944-1991)
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. These constitutions were mere translations of their Soviet counterparts.The 1976 Constitution defined Albania as a "Socialist People's Republic" (Art. 1) and a "state of the proletarian dictatorship" (Art. 2), and in a similar manner to its predecessor entrenched the rule of the Party of Labor of Albania as the leading force in the Albanian society and "the vanguard of the working class" (Art. 3). Though in socialist concepts, the Constitution guaranteed some human rights and privileges to the citizen, such as tax exemption (1976 Constitution, Art. 31). State organs, the People's Assembly as the legislative organ, the Presidium of the People's Assembly as a de facto collegial head of state, and the Council of Ministers as the executive branch were described to function in a similar way as in a parliamentary democracy. However, the actions of these organs were subject to the guidance and decisions of the Labor Party, while its organization was not defined by the Constitution. The First Secretary of the Party
Enver Hoxha
Enver Halil Hoxha was a Marxist–Leninist revolutionary andthe leader of Albania from the end of World War II until his death in 1985, as the First Secretary of the Party of Labour of Albania...
was Commander-in-Chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
of the Armed Forces and Chairmen of the Defense Council (Art. 89).
The Return to Democracy
The 1976 Constitution remained in effect until 1991 when a temporary basic law was passed to legalize a pluralist system and reintroduce 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.The current Constitution was ratified by a popular referendum in 1998.
See also
- Fundamental Statue of the Kingdom of AlbaniaFundamental Statue of the Kingdom of AlbaniaThe Fundamental Statue of the Kingdom of Albania is the statue used in the Albanian Kingdom introduced by King Zog.-Parts:*Preamble*Part One of the Fundamental Statue of the Kingdom of Albania*Part Two of the Fundamental Statue of the Kingdom of Albania...
- Constitution of the People's Socialist Republic of AlbaniaConstitution of the People's Socialist Republic of AlbaniaThe Constitution of the People's Socialist Republic of Albania was the constitution used in Communist Albania.-See also:*Constitution of Albania*Agitation and Propaganda against the State*Fundamental Statue of the Kingdom of Albania...