CONSTITUTIONALITY REVIEW IN LATIN AMERICA AND ALBANIA REGARDING THE INDIVIDUAL RECOURSE AT THE CONSTITUTIONAL COURT

Abstract

The term "supremacy of the constitution" refers to the constitution's supreme character, evaluating it as "Rule of Law" with the necessity for all laws and norms to be subservient to the Constitution.

The supremacy of constitutional norms is material, and their content is dogmatic and programmatic, which compels all legal norms, as well as all leaders or officials and citizens, to be subservient to the constitution. Supremacy is also formal in the sense that all legal norms must follow the procedures outlined in the Constitution.

To clarify the preceding, it may be stated that the constitutionality review of rules requires the existence of a written and rigid constitution that includes particular, sophisticated processes for its revision.

Otherwise, the review would be merely material, affecting only activities that are neither constitutional or legislative-parliamentary in nature. The constitutionality review exercised by constitutional or ordinary judges is exclusively legal, not political.