Abstract

The constitutional reform is one of the most debatable reforms in the Albanian transition period. One of the most critical moments is the Referendum on the Constitution dated November 6th, 1994. The way how this process took place, helps us to understand more about the nature and the dynamics of the Albanian events during the transitional period. The purpose of this descriptive - analytic study is to describe, analyze and evaluate the Referendum on the Constitution dated November 6th, 1994, in legal, procedural and political aspect as well as its effects on political life in Albania. To meet this objective, we will be delivering an analysis of all events and decisions that took place before, during and after the Referendum on the Constitution, concentrating on the procedures that followed, debates associated to the process, political and institutional attitudes, electoral campaigns, attitudes of political parties towards the content of the draft constitution, reasons of the popular “NO” to the referendum and its consequences. The study relies on official documents of Albanian and foreign institutions (such as OSCE, Venice Commission), the press (newspapers like “Zëri i Popullit”, “Rilindja Demokratike”, “Koha Jonë”) publications from domestic and foreign scholars and memories of the protagonists. At the end, it was concluded that the lack of political consensus and the willingness of political forces to come to an agreement with each other, made the attempt to give the country a constitution failed. The result of the referendum affected the political life in the country by increasing conflicts and political intolerance among the parties. There were problems within the Democratic Party and the governing coalition too.

Highlights

  • The Constitution is the most basic and highest act of a country

  • On procedural terms, according to them, it was unconstitutional to approve the constitution by referendum without first obtaining approval in the Parliament, announcing the date of the referendum November 6, while the law stipulated that the referendum should be announced at least 45 days in advance, not waiting for the decision of the Constitutional Court regarding the constitutionality of the referendum, following the legitimate appeal of the PS

  • The factors for having 53% of Albanians against the constitution were the insufficient time for people to form an opinion of their own on the presented draft constitution; there were some articles in the Technium Social Sciences Journal Vol 24, 740-761, October, 2021 ISSN: 2668-7798 www.techniumscience.com content of the draft constitution that were not in “today's parameters” and for which the Council of Europe had given suggestions for revision; excessive politicization by both sides of the constitutional issue and “negative, deceptive, savage propaganda” of the opposition; shortcomings and corruption in local and central government; organizational weaknesses of the PD in the campaign and the day of the referendum.[65]

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Summary

Introduction

The Constitution is the most basic and highest act of a country. It is the basic law that compassionates and expresses the basic principles of a country, the structure and functions of its main entities, basic principles of the political process and elementary relations between the citizens and the State.

Results
Conclusion
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