Material Constitution: The Case of Kosovo

Abstract The concept of the material constitution serves as an interpretative tool to understand the foundations and characteristics of the constitutional order. This article uses comparative legal theory and a positivist method to analyze the material constitution and its application in Kosovo. Drawing on constitutionalists like Hermann Heller and Costantino Mortati, it argues that Kosovo experienced a fundamental shift in its original constituent power, as expressed on 17 February 2008, when t