Legalisation of popular constituent power in Kosovo : can fundamentally important amendments be subject to legalised popular approval?

english

2025

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

Popular constituent power is not bound by the rules and procedures of a pre-existing constitution. Nevertheless, it is possible and desirable to place that power within the framework of a constitutional regime. The Constitution of Kosovo provides for the enactment of constitutional amendments proposed by ordinary institutional actors. There are topics, however, which - owing to their fundamental constitutional importance - should meet the approval of popular constituent power. The exercise of popular constit-uent power should be legalised and strictly limited to issues of fundamental importance for the constitutional order of Kosovo. This is especially crucial for amendments affecting core constitutional principles enshrined in Chapter I of the Constitution of Kosovo, such as the unitary character of the state, the uniqueness of the judiciary, and multi-ethnicity. This article proposes the legalisation of popular constituent power by establishing mechanisms such as referenda and constituent assemblies to enable popular approval of amendments, in addition to international agreements capable of transforming the Kosovar constitutional order in a fundamental way. By doing so, Kosovo can strengthen internal statehood and enhance the democratic legitimacy of fundamental constitutional changes. The article concludes by calling on the authorities in Kosovo to enact legislation on the exercise of legalised constituent power, while by also putting in place safeguards in compliance with international standards on basic human rights and liberties.

20.05.2026