Having discussed some of the prevailing approaches to amending a constitution, let us embark on analyzing the process as laid down in the Constitution of Kosovo.
In the main body of the Kosovo Constitution the following about sovereignty and its sources, is proclaimed “the sovereignty of the Republic of Kosovo stems from the people, belongs to the people and is exercised in compliance with the Constitution through elected representatives, referendum and other forms in compliance with the provisions of this Constitution.”
As far as Article 2.1 of the Constitution of Kosovo is concerned, one can say that since the source of sovereignty rests with the people, then they are the only ones that can amend the Constitution. However, Article 2.1 makes it clear that, even though the Constitution recognizes the people as the source of sovereignty, it paves the way for allowing indirect methods of constitutional amendment by the people. In fact, since the Constitution of Kosovo proclaims that sovereignty can be exercised both through referendum and elected representatives, one could argue that the constitutional amendment process is brought “outside” the direct control of the people. Logically, the counter-popular elements in the amendment procedure of the Constitution of Kosovo are consequently complimentary with Article 2.1. On the other hand, Article 2.1 does not restrict or prohibit the people’s direct participation in the exercise of sovereignty, for example, through the constitutional amendment process, but it does nevertheless pave the way for another method, that of exercising sovereignty through representatives.
The first question relating to the amendment process is, who and how many actors can initiate the procedure concerned. Article 144.1 of the Kosovo Constitution authorizes three actors to initiate the constitutional amendment process, namely, the Government, the President of Republic, and one fourth of Members of Parliament (MPs). With Article 144.1 in mind, one can make at least two arguments. First, institutional actors have a monopoly over the initiation of an amendment to the