A just rule: Et komparativt studie af konstitutionelle ideer og deres mulige implementering vedrørende etableringen af den selvstændige stat Kosovo

Martin Ellegaard Hansen

Student thesis: Master thesis


When a new state is established and it has to find its’ own place in the international environ-ment, there is a demand for constitutional ideas creating the outlines for a new democracy. The question remains where those ideas should emanate from. Through an analysis of three different constitutions, I have sought to create an idea about some of the basic structures in constitutional thinking, which could prove useful for the new state of Cosovo in its task of creating a new constitution. The constitutions selected are The Constitution of the United States of America, The Constitution of India and the Constitution of the Republic of South Africa. The basic structures I selected for my analysis concerns the division of power as it is described by the French philosopher Charles de Montesquieu along with an understanding of how these terms correlate with the states understanding of justice. Using the perspective of Ernesto Laclau and his discursive analysis I described the hegemonic battle being fought con-cerning the depiction of the terms of power. The Executive and Judicial branches are in many areas described in the same way as being the upholders of justice and security along with be-ing the protectors of the public. The legislative branch showed similar characteristics, but due to severe corruption and incompetence it has grown to be a liability as well, which needs to be kept in place by the other branches. So it has become both a necessity when it concerns the division of power and a liability when focusing on the security of the entire system. The anal-ysis of the term ‘justice’ showed a commonly used term grown complex and without real sub-stance beyond what the single state attaches to the word itself. I concluded that a states pursuit of justice should emanate from its own culture and its own history as its culturally biased and as such needs to be culturally significant. This fact proved one of the essential ideas when concerning the case of the new state of Cosovo, as I concluded that it had several possibilities when concerned with the structure and basic ideas behind its’ new constitution. The primary focus was on the fact that the constitution and a large portion of the institutions themselves needed to be interim, as long as there were latent conflicts and severe minority issues within the state’s borders. Secondarily the UN should maintain their status as an observatory unit, which would aid in the transition and show international support for the ideas and institutions being established within Cosovo. The final conclusion described a need to be reflexive about the cultural and historical background, as it would be essential for the state survival to have a common cultural reference which the entire public could support. This furthermore showed the research needed in this area, as there proved to be a great need for cultural knowledge and more in depth sociological analysis concerning the Cosovo-Albanians and their future state.

EducationsMSocSc in Political Communication and Managment, (Graduate Programme) Final Thesis
Publication date2008
Number of pages116