At a socio-political and legal standpoint, Albanian current system presents a hybridization of regulatory structures provided for in the Constitution. Thus, in the context of the judicial reform, which affects the entirety of the relationship between the law and the active-passive role that citizens have towards it, there comes some conflicting space for what that the Aristotle's concept called " a distributive justice". Starting from here, the institutional decision-making function which develops and maintains the social equilibrium and is delegated by citizens to the Parliament as the highest representative body of the power delegated by the people to his representative (MP), may often take contradictory forms and wrong administration in legal terms as well as in political ones. The politics, which aims at developing the country through the implementation of the objectives that citizens share with it, plays a key feature in the implementation of reforms and ensures a "virtuous" life for all citizens in conformity with the constitution. As a result, comes the need of interaction between the politics and the stakeholders to create a legitimate "corpus iuris", that has to be a functional regulatory of the judicial system and that guarantees justice and rights for the citizens of the country. The current transition and existing hybridization between a not completely liberal democracy or a classic authoritarianism, displays its problems in the perception of the law which is related to fair competition in the market economy system and minimization of corruptive aspects. Cooperation between political will, represented by political parties and "civil society" in the broad sense of it, including interest groups and mass media who have the duty to be antagonists of revealing forms of injustice, makes that the framework of a society that wants to get out of hybridized transition of electoral democracy, becomes even more demanding regarding the accountability of the state institutions.
Hybridization of socio-legal system in transition - Legal and Judicial Reform / Bozheku, Enida. - (2017), pp. 103-109. (Intervento presentato al convegno Qasje Kushtetuese te Pakonsoliduara e Drejta e Votes, e Drejta e Prones tenutosi a Tirana, Albania).
Hybridization of socio-legal system in transition - Legal and Judicial Reform
Enida Bozheku
Primo
2017
Abstract
At a socio-political and legal standpoint, Albanian current system presents a hybridization of regulatory structures provided for in the Constitution. Thus, in the context of the judicial reform, which affects the entirety of the relationship between the law and the active-passive role that citizens have towards it, there comes some conflicting space for what that the Aristotle's concept called " a distributive justice". Starting from here, the institutional decision-making function which develops and maintains the social equilibrium and is delegated by citizens to the Parliament as the highest representative body of the power delegated by the people to his representative (MP), may often take contradictory forms and wrong administration in legal terms as well as in political ones. The politics, which aims at developing the country through the implementation of the objectives that citizens share with it, plays a key feature in the implementation of reforms and ensures a "virtuous" life for all citizens in conformity with the constitution. As a result, comes the need of interaction between the politics and the stakeholders to create a legitimate "corpus iuris", that has to be a functional regulatory of the judicial system and that guarantees justice and rights for the citizens of the country. The current transition and existing hybridization between a not completely liberal democracy or a classic authoritarianism, displays its problems in the perception of the law which is related to fair competition in the market economy system and minimization of corruptive aspects. Cooperation between political will, represented by political parties and "civil society" in the broad sense of it, including interest groups and mass media who have the duty to be antagonists of revealing forms of injustice, makes that the framework of a society that wants to get out of hybridized transition of electoral democracy, becomes even more demanding regarding the accountability of the state institutions.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.