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2015 | 98 | 5 | 497 – 512

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Character of the proposal adopted by referendum

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The referendum is part of the constitutional arrangements from the adoption of the Constitution of the Slovak Republic since 1992. Practical experience is except from one of a referendum only related to referendums, which were not valid. The referendum and its place and importance in the Slovak constitutional system are of interest of constitutional law, political science, sociology, as well as the media and the public. Individual elements of constitutional arrangement are evaluated in terms of their contribution to meeting the spirit of the referendum, respectively if they create barriers to its effective use in the public life of the Slovak Republic. The contribution is based on the basis that constitutional arrangement of the referendum is essentially right and focuses on the outcome of the referendum - to investigate the nature of the proposal adopted by referendum. The author assumes that citizens in referendum decide on important issues of public interest. The result of the referendum is announced in the Collection of Laws. From a constitutional arrangement the author based of the decisional activity of the Constitutional Court concludes that the result of a referendum is a generally biding legal act. As a result of the decisions of citizens has prevail over Acts of Parliament. The proposal adopted by a referendum can be self-executing, that don´t needs law for its enforcement, but also that, for the implementation of which is the adoption of a law required. In this case, the proposal adopted by referendum is also a command to the legislative procedure of the Parliament. To emphasize the nature of the proposal adopted by referendum, the contribution offers suggestions for amendment of the Constitution of the Slovak Republic.



  • Fakulta práva Paneurópskej vysokej školy, Bratislava, Slovak Republic


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Publication order reference


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