Political Institutions and Justice Institutes Established by Congress of Lushnj

Abstract

State political institutions are established by the decisions of Constituent Assemblies, but also based on legal norms with constitutional force. Is Congress of Lushnjë legitimated for the reestablishment of institutions in Albania and on which legal and constitutional norms and rules it established them? Did we have an institutional tradition? National Assembly of Vlorë declared Albania separately, but it could not create a state with political and legal institutions, neither was internationally known. Albania gained its status from the Great Powers on July 29, 1913. International Commission of Control prepared Albania’s Organic Statute on April 10, 1914, which is also the first constitution of Albania’s Principality. This document with legal and constitutional values was not repealed. According to the chronological criteria of the constitutional right “Lex posterior derogate priori”, the Organic Statute was in force and could be serving on the creation of new political institutions. But it was not used by the Congress of Lushnjë because after the First World War, many historical events had occurred and many political circumstances had changed. The International Institution which gave Albania the status did not exist anymore. Great Forces did not exist anymore; moreover, some of those states had made a pact for its crush. The assembly’s delegates unanimously created a package with six legal norms named “Fundamentals of the Kanun of the High Council” known as the Statute of Lushnjë, used as legal norms of constitutional power to fix the relations between powers which had been created through political compromise. On December 22, 1922, pursuant to Article 45 of the “Internal Regulation” the Assembly found the remedy to make legal changes and approve the “Extended Statute of Lushnjë”, which had legal norms with constitutional power to fix the relations among the state’s powers.

DOI: 10.5901/ajis.2016.v5n3s1p519