(Un)constitutional constitutional conventions
One of the most general and widespread classifications of law distinguishes between written law and unwritten law, respectively between codified sources of law and non-codified sources of law. However, there are accounts, about the existence of exclusively written law which argue, that unwritten law is just a historical undesirable remark of the age where these classifications arose. In fact, unwritten law maybe did not find its application in most branches of law, which form the legal order of the Slovak Republic. However, there is a branch of law in the Slovak Republic, in which unwritten rights and unwritten rules of behaviour play a very special and a significant role. This branch of law is called constitutional law. In this article, we will write about unwritten constitutional rights in the process of interpretation and application of the Constitution of the Slovak Republic and we will also try to define them, characterize them and classify them into two categories: “the conventions” and “unwritten rules of behaviour”.
Právník, redakce, Ústav státu a práva AV ČR, v.v.i., Národní 18, 116 00 Praha 1, Czech Republic
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