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KRAJÁČ
Materiálne jadro ústavy a imperatív
nezmeniteľnosti
Material core of constitution and eternity clause
Bc. Adam Krajáč, Faculty
of Law of the Trnava University in Trnava
Právny
obzor, Volume 102,
2019, No. 4, pp. 336 – 345.
Published online: 31.8.2021
Abstract. Article is focused on an
analysis of
a decision of Constitutional court of Slovak republic PL. ÚS 21/2014-96 from the
viewpoint
of core of constitution theory. The aim of this article is not only to describe
and characterise
theory of core of constitution, but to also present drawbacks of this theory. In
the introduction
we analyse the core of constitution and eternity clause concepts, followed by an
analysis of
this clause as a limitation of the power of people and constitutional body,
continuing by
description of the very concept of core of constitution. In the end we construct
a logic
argument proving that legal embodiment of constitutional core is not only
legally irrational
but also dangerous, because it serves as a way for legislation to avoid critique.
Key words: constitutional core, eternity clause, entrenchment clause, social
contract,
constitutional power
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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