ZRUŠENIE ROZHODNUTÍ O AMNESTII ÚSTAVNÝM ZÁKONOM

• Authors: Boris Balog

Title variants

EN

Annulment of decision on amnesty by the constitutional law

• Languages of publication: SK

Abstracts

EN

The National Council of the Slovak Republic dealt also in V. election period in the draft of the Constitutional Act on the Annulment of certain decisions on amnesty. The draft of the Constitutional Act was not approved. In 1999 the Constitutional Court of the Slovak Republic ruled that the President is not authorized to annul the decision on Amnesty. The question arises, whether such annulment power has National Council of the Slovak Republic as the highest representative body of the Slovak Republic, namely by an Constitutional Act. This idea could be possible in terms of a poly legal constitution. The author controverts with such power of the National Council of the Slovak Republic and he argues that the National Council of Slovak Republic is in its constitutional power limited. This limitation represents the implicit material core of the constitution, which the author classifies as the principles of the rule of law and inviolable, inalienable, imprescriptible and indefeasible fundamental rights and freedoms. In relation to the Constitutional Act on the Annulment of some decisions on Amnesty refers to conflict with the principle of separation of powers and also to the absence of generality of such Constitutional Act.

Keywords

EN

CONSTITUTION OF THE SLOVAK REPUBLIC; CONSTITUTIONAL ACTS; NATIONAL COUNCIL OF THE SLOVAK REPUBLIC; CONSTITUTION; SLOVAKIA; AMNESTY

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2012
• Volume: 95
• Issue: 4
• Pages: 318 – 340

Contributors

author

Boris Balog

• Fakulta práva, Paneurópska vysoká škola, Tomášikova 20, 821 02 Bratislava, Slovak Republic