Judgment PL. ÚS 21/2014 as a necessary cure for constitutional amendments in Slovakia

Authors

  • Tomáš Ľalík Univerzita Komenského v Bratislave, Faculty of Law, Department of Constitutional Law

Keywords:

unconstitutional constitutional amendment, substantive core, independence of judiciary

Abstract

The paper analyzes the judgment PL. ÚS 21/2014 from several perspectives. The judgment of this kind was expected given the prevalence of opinions among Slovak scholars, case-law of the Third Constitutional Court and its affinity to uphold judicial independence and notion of substantive rule of law, and state of the art and character of recent constitutional amendments. Very importantly, the Constitutional Court leaves the people to have ultimate say over constitutionality of an amendment. By its effects, judgment has the power to be a cure for legitimacy, quality and intensity of constitutional amendments vis-à-vis the Parliament.

Published

2020-12-15

Issue

Section

Articles