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Section 17. Science of law
Section 17. Science of law
Manushaqe Artan, European University of Tirana, PhD candidate in Law, the Faculty of Law E-mail: [email protected]
The securalism of the Consitution and the President of the Albanian Republic
Abstract: The 88/3 article of the republic of Albania constitution where is mentioned the sentence: “God help me”, or left at the willpower of the president of the republic, which represents the state unity, contradicts with the 18 and 10 article of the constitution, and also with the 14th article of European Convention oo Human Rights. The 18th article of our convention and the 14th article of ECHR are articles dhe talk about the discrimination, but in the contrary, the 88th article contradicts those articles, furthermore, affects the state form securalism, with the sentence specified at the constitution “God help me”. We are talking about the notion of legal rate in space and on time. This constitutional rate should be removed because it discriminates the atheist, or individuals, groups, who don’t trust in GOD. The convention of the Republic of Kosova don’t have this definitions of god name. Albania has a homogenous different composition being a state in transition. This provision discriminates directly on indirectly groups or individuals, national of foreign. The removal of this sentence will make the Albanian Constitution safer and better for the future, and also, will protect better the groups of individuals from the discrimination, “If you think or not in god, or like a presentation of the name GOD”. The time and space reason, dictates the removal of this constitutional rate or its amendment, whether in Albania we have different religious beliefs like Catholic Faith, Orthodox Faith, Muslim Faith, atheist or heather, and also, when the democratic internal transition is accompanied with the external influences like the religious radicalism (part of global developments of a society, specially required for the state of rights).
Keywords: Securalism, Constitution, Religious belief, Philosophic faith, President, God, Discrimination.
HEAD 1. The 88th, 18th and 10th articles of the Albanian Republic constitution are sustained at the research and the hypothesis research.
The research question: Are the president of Albania and the constitution secular? The main purpose of this study like an essay form, is to highlight and avoid problems that become obstacles for the development of legal relationships, the rights and fundamental freedom of the individual, which has a direct impact on social relationships, for the operation of the STATE OF RIGHTS and the individual welfare that are regulated by those rates, based also in the contradictory theory of different philosopher like Spinosa, Groci, Ruso etc [1; 8; 9; 10].
HEAD 2. The 88th article, point 3, the penultimate and the last paragraph of the Republic of Albania Constitution, after the oath procedures, must ad also: “GOD HELP ME” In the Republic of Albania there is no official religion. Does the point 2 of the 10th article, “The state is neutral on the matters of faith and conscience and guarantees them freedom of expression in public life” contradicts the 18th article for the descrimination and also the 14th article of European Convention Of Human Rights [2, a. 4] and the Convention against Discrimination, article 3? [3, a. 3].
Does the president oath affect directly of constitution securalism?
Does the president oath “god help me” present in reality the nation unity regarding the constitution?
The religion right (mystical divine) is not predicted like a resource of the right regarding our constitution, and the mention of GOD name, furthermore, the president oath like the HEAD OF STATE who presents nation unity, affect the nonneutrality of the constitution and make it non secular of the atheist people who don’t trust in god, and also, it conflicts the 18th article where is written about discrimination. Is there any possibity or reason to feel discriminated an atheist or other identity groups (*always in realtion with space and time reason*)?
The ethnic data must be a cause of ethnic prejudices, where on these sensitive character datas are included political beliefs, religion, religious belief or other philosophic beliefs [4; 16]which has to be protected by the law number 9887, 10th of March 2008 for personal datas protection [5].
But another question is: Does the word GOD and God Help me (defined on the constitution) make a conti-tutional problem?
Actually, the 89th article of the Albanian Constitute, says that the President cant hold any other public duty and also
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The securalism of the Consitution and the President of the Albanian Republic
cant be member of a party. By the way, like a contitutional obligation he submit the party card, by resigning from any political phylosophy, for being member of a neutral phylosophy.
But is possible to be the same thing for the name GOD, to be part of this kind of philosophy, for the fact that the president presents the state unity?
I think so! He could resign also from the faith like a religious philosophy (formally), exercised like part of a public institution, like the President is, not like a private relationship, because this right is given at him by the 24th article of the contitution [6, a. 24]. Part of the popullation we can find individuals or individual groups, atheits, heathers, or we can find also other people who name god with other terms like: ALLAH, JEHOVA, or others, who don’t trust at GOD. The widest concensus formulation on legal doctrine, defines a national minority like a numerical smaller group, in comparison with the other part of the popullation of a state, in an non dominant, the member ofwhich, even being part of this state, has different ethnical characteristics, religious beliefs, or even different linguistic characteristics from the other part of the society. Maybe, in one way, impliciltly, this presents a kind of feeling solidarity related the cultural safe, the safe of the traditions, religion, or language [7]. In the Republic of KOSOVA
nowhere is mentioned the name GOD. In other states, like United States of America, the name GOD exists on the constitution. So there are different treatments, rates, of articles that change by the constitutions of a state. I think, that in a nearly future, this topic is going to be part of a wide debate in USA, related with the identity crisis that is going on global order [8; 538].
HEAD 3 (CONCLUSIONS). The 88th article of the Albanian Republic Constitution, in the point 3 of the penultimate and the last paragraph, must be removed the sentence “God help me" because it contradicts the 10th and 18th articles of the constitution, affecting the securalism of the constitution. Also, is contradicts the European Convention of Human Rights, 14th article. It can me replaced with: “I swear on the Albanian Constitution" etc etc, which sanction better the se-curalism term, and also, highlight the constitution form and the secural state too.
On the 10th article could be changes too. By the way, it has to be “In the Republic of Albania there is no official religion, because the Albanian Republic is a secural state” [9; 1231. 5]. In support of this, are other constitutions like Kosovo’s Constitution article 8, the Turkish Constitution article 2 and the French one, article 1.
References:
1. Omari Luan. Parime dhe institucione tw sw drejtws publike. Elena Gjika. - Tiranw, 1993.
2. European Convention in Human Rights.
3. Framework Convention for the Protection of National Minorities.
4. Constitutional Court Decision nr. 52, date 01.12.2001.
5. Law nr. 9887, date 10.03.2008 for “Protection of personal data”.
6. Constitution of the Republic of Albania.
7. Capotorti Francesco. Special Rapporteur of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities.
8. Huntington Samuel. The clash of civilisations and the remaking of world order. - Simon & Schuster, 1998.
9. Albanian Academy of Sciences, the institute of literature and language “Today’s Albanian Dictionary”, Toena, second edition. - Tiranw, 2002.
10. The Albanian Republic Constitution.
11. The Kosova Constitution.
12. French Constitution.
13. Turkish Constitution.
14. [Electronic resource]. - Available from: htpp://www.kosovaconstitution.com
15. [Electronic resource]. - Available from: htpp://www.wordpress.com
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