Law Professor Tanja Karakamiseva offered a draft text for the new Prеambula of the Macedonian Constitution, one which would protect the Macedonian people’s sovereignty and uphold the continuity of the Krusevo Republic, the ASNOM (Antifascist Council of the People’s Liberation of Macedonia) decisions, and the September 8, 1991 referendum.
We, the Macedonian people, assume the responsibility for the present and the future of our fatherland, aware of and grateful to our ancestors for the sacrifices and dedication in their strive and struggle to create an independent and sovereign state of Macedonia and accountable to future generations to preserve and advance all valuable and abundant cultural inheritance and the coexistence of peoples in Macedonia, equal in their rights and responsibilities to the common good – Republic of Macedonia – and in accordance with the traditions of the Krusevo Republic and the ASNOM and the September 8, 1991 referendum decisions, decided to constitute the Republic of Macedonia as an independent, sovereign state, with the intention to strengthen the rule of law, to guarantee the respect of human rights and civil liberties, to secure peace and coexistence, social justice, economic liberty, and advancement of the personal and collective life, through our representatives in the Parliament of the Republic of Macedonia, elected on free and democratic elections, adopt this Constitution…”, reads Professor Karakamiseva’s proposal.
She explains that the Preamble is not a part of the Constitution, because it is positioned above the title ‘Constitution of the Republic of Macedonia’. This means that any amendments to the Preamble are in violation of Article 129 of the Constitution, which reads that the Constitution could be amended or supplemented exclusively by constitutional amendments. Regarding that the Preamble is not a component part of the Consitution, it cannot be amended or supplemented by constitutional amendments, but only through the procedure of adopting a new Constitution. Therefore, my draft text of the new preamble is applicable only through a procedure for the adoption of a new Constitution, one that would correct all mistakes and deficiencies in the current Constitution.
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