SPRÁVNE SÚDNICTVO V SYSTÉME DEĽBY MOCI

• Authors: Tomaš Lukáš

Title variants

EN

Administrative justice in the system of the separation of powers

• Languages of publication: SK

Abstracts

EN

The principle of separation of powers is one of the central principles of the rule of law. It is possible to identify several of his interactions with the ideological mission of the administrative judiciary in a democratic society. In this context, the author is concerned primarily with the independence and separation of the administrative judiciary, on the one hand, with the position of the administrative judiciary in the system of checks and balances. In the first aspect, it primarily examines the institutional independence of the administrative judiciary and the personal independence of the judges of the administrative courts, taking into account considerations of the need to strengthen the guarantees of judicial independence in the administrative judiciary. First, the author deals with the influence of the judiciary on the executive, primarily in the context of the full jurisdiction of the court and the review of administrative discretion regarding the system of checks and balances. In relation to the legislation, the survey of legal regulations in the administrative judiciary, the possibilities of judicial law-making and the braking mechanism of the Supreme Administrative Court of the Slovak Republic in relation to the National Council of the Slovak Republic are examined.

Keywords

EN

ADMINISTRATIVE JUDICIARY; LAW; SUPREME ADMINISTRATIVE COURT; SLOVAK REPUBLIC

• 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: 2022
• Volume: 105
• Issue: 6
• Pages: 469 – 496

Contributors

author

Tomaš Lukáš

• Právnická fakulta UPJŠ v Košiciach, Košice, Slovak Republic

Identifiers

DOI

https://doi.org/10.31577/pravnyobzor.2022.6.02