THE CONSTITUTIONAL RIGHTS AND MINORITIES IN THE BALKANS:A COMPARATIVE ANALYSIS

Year 1997, Volume: 2 Issue: 3, 0 - 0, 01.09.1997

Paskal Mılo

Abstract

New constitutions have been drafted in all the post communist countries of the Balkans. They reflect the qualitative changes taking place in the political, economic and social life of these countries, the transition from communist dictatorship to pluralist democracy, from centralised economy to free market economy. The constitutions of the Balkan countries have the same general principles, which have been taken from international experience and constitutional rights. But they have also special concepts and features resulting from a different economic level of these countries, from the degree of the society’s political emancipation and from the nations democratic traditions. It cannot be pretended that by this modest study we could make a comparative analysis, which would indicate the common and distinguishing features of the Balkan constitutions in all aspects. Therefore, it was considered more reasonable that this method be used for studying one of the most sensible and important aspects of the Balkan constitutions, that of minorities. The treatment at a comparative aspect of the constitutional rights of minorities is not merely a theoretical question. It assumes great practical value for gaining new experiences in facing and solving a problem, which has not been, is not and will not be easy for any Balkan countries. The confrontation of various constitutional alternatives reflects the degree of knowledge as well as the differences between constitutional rights in theory and in application.