The present Constitution of the
Republic of Albania
Albania ( ; sq, Shqipëri or ), or , also or . officially the Republic of Albania ( sq, Republika e Shqipërisë), is a country in Southeastern Europe. It is located on the Adriatic and Ionian Seas within the Mediterranean Sea and shares l ...
( sq, Kushtetuta e Republikës së Shqipërisë) was adopted by the
Parliament of Albania
The Parliament of Albania ( sq, Kuvendi i Shqipërisë) or Kuvendi is the unicameral representative body of the citizens of the Republic of Albania; it is Albania's legislature. The Parliament is composed of no less than 140 members elected to a ...
on 21 October 1998 and certified by presidential decree on 28 November 1998, following a failed referendum which was boycotted by the opposition. It is split up over many different acts. The document succeeded the
1976 Constitution, originally adopted at the creation of the
People's Socialist Republic of Albania
The People's Socialist Republic of Albania ( sq, Republika Popullore Socialiste e Shqipërisë, links=no) was the Marxist–Leninist one party state that existed in Albania from 1946 to 1992 (the official name of the country was the People's R ...
on 28 December 1976 and heavily amended on 29 April 1991.
The present Constitution defines
Albania
Albania ( ; sq, Shqipëri or ), or , also or . officially the Republic of Albania ( sq, Republika e Shqipërisë), is a country in Southeastern Europe. It is located on the Adriatic and Ionian Seas within the Mediterranean Sea and shares ...
as a
unitary
Unitary may refer to:
Mathematics
* Unitary divisor
* Unitary element
* Unitary group
* Unitary matrix
* Unitary morphism
* Unitary operator
* Unitary transformation
* Unitary representation
* Unitarity (physics)
* ''E''-unitary inverse semigroup ...
parliamentary
A parliamentary system, or parliamentarian democracy, is a system of democracy, democratic government, governance of a sovereign state, state (or subordinate entity) where the Executive (government), executive derives its democratic legitimacy ...
constitutional republic. It has a
unicameral legislature
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one.
Unicameral legislatures exist when there is no widely perceived need for multic ...
composed of 140
members
Member may refer to:
* Military jury, referred to as "Members" in military jargon
* Element (mathematics), an object that belongs to a mathematical set
* In object-oriented programming, a member of a class
** Field (computer science), entries in ...
, who elect the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
as the
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
, the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
, which consists of the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
as the
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
,
Deputy Prime Minister
A deputy prime minister or vice prime minister is, in some countries, a government minister who can take the position of acting prime minister when the prime minister is temporarily absent. The position is often likened to that of a vice president, ...
and all other
Ministers
Minister may refer to:
* Minister (Christianity), a Christian cleric
** Minister (Catholic Church)
* Minister (government), a member of government who heads a ministry (government department)
** Minister without portfolio, a member of governme ...
.
The 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 history. The nation was initially constituted as a
monarchy
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy) ...
in 1913, briefly a
republic
A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
in the 1920s, then it returned to a
democratic monarchy in 1928. It later became a
socialist republic
Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the ec ...
until the restoration of
capitalism
Capitalism is an economic system based on the private ownership of the means of production and their operation for Profit (economics), profit. Central characteristics of capitalism include capital accumulation, competitive markets, pric ...
in the 1990s.
History
Medieval period
Albanian
Albanian may refer to:
*Pertaining to Albania in Southeast Europe; in particular:
**Albanians, an ethnic group native to the Balkans
**Albanian language
**Albanian culture
**Demographics of Albania, includes other ethnic groups within the country ...
s have an old tradition for law and regulations. Among the old laws is the
Kanuni i Lek Dukagjinit
The Kanun (also aln, Kanû/-ja, other names include sq, doke, zakon, venom, usull, itifatk, adet, sharte, udhë, rrugë) is a set of Albanians, Albanian traditional customary laws, which has directed all the aspects of the Albanian tribes, Alba ...
, a sort of constitution respected by majority of Albanians throughout centuries. The
Kanun of Lekë Dukagjini
The Kanun (also aln, Kanû/-ja, other names include sq, doke, zakon, venom, usull, itifatk, adet, sharte, udhë, rrugë) is a set of Albanian traditional customary laws, which has directed all the aspects of the Albanian tribal society..
For ...
, which according to some writings was codified in the 14th century, is distinguished among several Kanuns. The 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.
Modern period
During the
National Renaissance of the 19th century, Albanians founded the
League of Prizren
The League of Prizren ( sq, Besëlidhja e Prizrenit), officially the League for the Defense of the Rights of the Albanian Nation ( sq, Lidhja për mbrojtjen e të drejtave te kombit Shqiptar), was an Albanian political organization which was offi ...
and in the meantime
a provisional government for the
Albanian-speaking territories of the
Ottoman Empire
The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
. 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, the
Principality of Albania
The Principality of Albania ( al, Principata e Shqipërisë or ) refers to the short-lived monarchy in Albania, headed by Wilhelm, Prince of Albania, that lasted from the Treaty of London of 1913 which ended the First Balkan War, through ...
was recognized as an independent country, yet the
Great Powers
A great power is a sovereign state that is recognized as having the ability and expertise to exert its influence on a global scale. Great powers characteristically possess military and economic strength, as well as diplomatic and soft power in ...
decided to restrict Albania's territorial ambitions and imposed a
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
to be headed by the German prince
Wilhelm von Wied and his heirs in
primogeniture
Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...
. The Organic Statute of Albania ( sq, Statuti Organik i Shqipërisë)
[.]the constitution established by the
International Control Commission
The International Control Commission (ICC), or in French la Commission Internationale de Contrôle (CIC), was an international force established in 1954. More formally called the International Commission for Supervision and Control, the organisati ...
in 1914did 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-speaking territories outside
Albania's borders. However, right after the
first World War
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, the nation was in danger of being re-partitioned between other countries. In opposition to this, the Albanian leaders held
Congress of Lushnjë
The Congress of Lushnjë (), historically documented by the name ''Mbledhja Kombiare Lushnje'', was a conference of Albanian political leaders held from January 28 to January 31, 1920 in Lushnjë, Albania.
Its objective was to deal with the issue ...
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. 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. The President was vested with fairly broad—almost dictatorial—powers, including the power to appoint one-third of the Senate and rule by decree.
Three years later, in 1928, Albania was proclaimed a kingdom, and President Zogu became
King Zog I
Zog I ( sq, Naltmadhnija e tij Zogu I, Mbreti i Shqiptarëve, ; 8 October 18959 April 1961), born Ahmed Muhtar bey Zogolli, taking the name Ahmet Zogu in 1922, was the leader of Albania from 1922 to 1939. At age 27, he first served as Albania's ...
. The legislative organ consisted of one chamber, while the executive power belonged to the head of state, the King, and the cabinet composed of the Prime Minister and other ministers. In practice, however, Zog retained the same dictatorial powers he'd held as president, and the country was still essentially a military dictatorship.
With the
Italian fascists invading Albania in 1939, this Constitution was abolished. Fascist collaborators in Albania offered the throne to
Victor Emmanuel III
The name Victor or Viktor may refer to:
* Victor (name), including a list of people with the given name, mononym, or surname
Arts and entertainment
Film
* ''Victor'' (1951 film), a French drama film
* ''Victor'' (1993 film), a French shor ...
, 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.
Communist period
After the
liberation
Liberation or liberate may refer to:
Film and television
* ''Liberation'' (film series), a 1970–1971 series about the Great Patriotic War
* "Liberation" (''The Flash''), a TV episode
* "Liberation" (''K-9''), an episode
Gaming
* '' Liberati ...
of Albania from Nazi occupation, the communists established the
Democratic Government of Albania
The Hoxha I Government ( Albanian: ''Qeveria e Parë e Enver Hoxhës'') better known as the Democratic Government of Albania was established on 20 October 1944 by the National Liberation Movement, as the Albanian partisan resistance of 1940 ...
. On 11 January 1946, the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
of the People's Republic of Albania was promulgated, to which amendments were adopted in 1950. It was later replaced on 28 December 1976, by the Constitution of the People's Socialist Republic of Albania.
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 Labour of Albania
The Party of Labour of Albania ( sq, Partia e Punës e Shqipërisë, PPSh), sometimes referred to as the Albanian Workers' Party (AWP), was the ruling and sole legal party of Albania during the communist period (1945–1991). It was founded o ...
as the leading force in the Albanian society and "the vanguard of the working class" (Art. 3). In socialist concepts, the Constitution guaranteed basic 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).
Present-day
The 1976 Constitution remained in effect until September 5, 1991, when a temporary basic law was passed to legalize a pluralist system and re-establish a capitalist economy in Albania. 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.
Albanian Constitution of 21 October 1998 - Ahjucaf
/ref>
Contents
List of constitutions
References
{{Constitutions of Europe
Politics of Albania
1998 in Albania
1998 in politics
1998 in law
1998 documents
November 1998 events in Europe