The Constitutional Court of the Slovak Republic As an Effective Protector of the Constitutionality in the Case of the Intervention into the Material Core of the Constitution (?)

Abstract

The Constitutional Court of the Slovak Republic, in the historically probably most significant decision (PL. ÚS 21/201), declared noncompliance between a part of the Constitution of the Slovak Republic and its material core. Court decided to protect constitutionality not only in relation to the legislator, but also to the constituent power of Parliament. At the end of the decision, court stated that its (quotation) possibilities of reviewing the constitutional law (its parts) with Constitution are limited by a possible constitutional amendment, which will allow the original constituent power (the people) to confirm a possible change in the constitutional referendum. The constitutional court abandons by mentioned self-limitation not only protection of constitutionality, but also provides the Parliament relative precise instructions for its own paralysis. In this Article, I will try to demonstrate that the arguments in favour of such restriction are neither reasonable nor logically consistent.