The crisis of Parliamentarism and some reflections on the constitutionality of the Albanian electoral law

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Abstract: 

The rule of law state is closely connected to the effectiveness of the so-called separation of powers.  As suggested by different voices, a wide institutional reform which should start with the amendment of the Constitution is considered necessary in order to have a proper separation of powers. Such a reform should mature within the Parliament, the body which the Constitution of Albania has appointed and predefined as the hearth and home of legalism and eventually of the institutional organisation of the State. Is the Albanian Parliament, with the existing quality of representation, able to perform these reforms? This article is triggered by some doctrinal thoughts on the political representation and its issues.  More specifically the second paragraph of the article starts with a historical approach on the representation and the parliament, the passage from a representation of a private nature to the representation of a political nature, by distinguishing between formal and substantive representation. Starting from such premises, in the third and fourth paragraph the issues of the political representation in general and of Parliamentarism in particular must be  distinguished in a clear and systematic way. In its fifth paragraph the article deals with the Albanian experience of the political representation in order to identify its flaws, if any, and especially to analyse the constitutionality of our electoral law by also bringing in the picture the analogue Italian case in the sixth paragraph. The article is concluded with paragraph seven, which provides conclusions and some specific recommendations related to the Albanian electoral system.

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