Power and Human Rights in The Case of Republic of Macedonia

The Constitution of the Republic of Macedonia declares human rights and freedoms as fundamental values as well as separation of power in legislative, executive and judicial. However, the balance of those three powers (legislative, executive and judicial) in the Republic of Macedonia has been undermined in favor of one of them-executive power, which influences the exercise of human rights and freedoms, civil rights principle.

Actual political power in the Republic of Macedonia departing from legitimately constituted institutions of the political system transforms them in deceptive and meaningless institutional mechanism affirming its party decisions, which instead of transforming the loose and fluid political scenery into democracy; it was transformed in weak and chaotic party state1. All this obviously has impact on the exercise of human rights and freedoms in the Republic of Macedonia envisaged by the Constitution. The objective of this study is to indicate that the impairment of the balance of the three powers in RM in favor of executive power adversely affects the exercise of human rights and freedoms defined by the Constitution. The study will emphasize the importance of human and civil rights and freedoms in a democratic society where the concept of rule of law applies; actual constitutional solutions will be presented in R. Macedonia on the human and civil rights and freedoms and distribution of power as well as empiric indicators on the level of respect for human rights in R. Macedonia. The study will end up with conclusions.