K odňatiu právomoci Ústavného súdu SR posudzovať ústavné zákony – kritické reflexie
Nullifying the power of the Slovak Constitutional Court to review unconstitutional amendments – a critique
Doc. JUDr. Tomáš Ľalík, PhD., Faculty of Law at Comenius University in Bratislava
Právny obzor, Volume 104, 2021, No. 2, pp. 116 – 140.
Published online: 31.8.2021
Abstract. The article critically reviews the last constitutional amendment that took away the power of the Slovak Constitutional Court to review unconstitutional amendments. It argues that such amendment is neither in line with constitutionalism nor with democracy. In particular the paper critically examines the unbound power of the parliament to amend the Constitution, its claim on sovereignty and its uniqueness in representing the People. The article explores in what way constitutional courts in general are representative and thus democratic institutions, what the role of the courts in constitutional project is and how to approach the delicate issue of the substantive core of the Slovak Constitution. The author claims that the judgment PL. ÚS 21/2014 improved the Slovak Constitution in terms of rigidity, democracy and effective control of the parliament and as a result it deserved to be respected by the other branch of the government.
Key words: unconstitutional amendments, democracy, referendum, constitutionalism
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