The Constitution under threat - Some reflection on one finding of the Constitutional Court of the Slovak Republic (PL. ÚS 21/2014)

Authors

  • Marta Lapčáková UPJS in Košice, Faculty of Law, Gustav Radbruch Institute of Theory of Law

Keywords:

Constitution, constitutional law, material core of constitution, Constitutional Court of the Slovak Republic

Abstract

The article deals with two thought lines. The first is the content analysis of the argumentation of the Constitutional Court’s finding No. PL ÚS 21/2014, justifying the existence of the implicit material core of the Constitution of the Slovak Republic. The article focuses on the question of whether the material and procedural limits for the change of the Constitution of the Slovak Republic are sufficient to ensure its stability, also in the context of an identical procedural process of adopting the new Constitution. Paradoxically, it is easier in the Slovak Republic to approve a new Constitution than to adopt a constitutional amendment, because this way it is possible to avoid the control of the Constitutional Court.

Published

2020-12-15

Issue

Section

Articles