Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 6

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

LEGISLATÍVA O LEGISLATÍVE

100%
Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2016
|
vol. 99
|
issue 3
219 – 233
EN
The state of legal system in Slovakia is subject of long-term criticism, not only by lawyers, but also generally by public, by the addressees of the law. They feel that laws are created in a process that is distant and inaccessible for them. Role of the State is to strengthen citizen ś confidence in law, open the legislative process and make it transparent. In 2015, two laws were adopted relating to the preparation and drafting of laws and parliamentary discussion about proposed laws. The present paper deals with the amendment to the rules of procedure of the Parliament in 2015. It takes note of the changes relating to the publication of the proposed laws and amendments. The paper understands it as a deepening of the Principles of Sovereignty of the People in the activity of the Parliament. The second area is the analysis of Rule prohibiting Amendments that bear no connection with the proposed law, which the paper assesses as a major benefit of the Amendment to the Rules of Procedure of Parliament in 2015.
2

LEGISLATÍVNE PRAVIDLÁ A ICH OCHRANA

100%
Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2020
|
vol. 103
|
issue 5
343 – 356
EN
Following the unprecedented pace of the adoption of laws since the beginning of 2020, the paper focuses on the protection of legislative rules in the legislative activity of the National Council of the Slovak Republic. It defines their internal protection, ie the National Council of the Slovak Republic itself and their external protection by the President of the Slovak Republic and the Constitutional Court of the Slovak Republic.
3

SÚDNY PRIESKUM PARLAMENTNÝCH PRAVIDIEL

100%
Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2017
|
vol. 100
|
issue 6
547 – 557
EN
Judicial protection of constitutionality leads to interference in the legislative powers of Parliament and represents an important element of protection of democratic and legal state. Its specific subject may be a law that regulates the internal relations of the Parliament as an expression of autonomous and sovereign vision of how it wants to have these conditions arranged. Judicial protection of constitutionality in this case is striking a balance between respecting parliamentary autonomy and the principles of democratic and legal state.
4

RE: LIABILITY OF THE STATE FOR MALADMINISTRATION OF THE CONSTITUTIONAL COURT OF THE SLOVAK REPUBLIC (K zodpovednosti statu za nespravny uradny postup Ustavneho sudu Slovenskej republiky)

100%
Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 1
41-49
EN
The Constitutional Court of the Slovak Republic, set up as an independent judicial body to protect constitutionality, may deal in cases requiring specific constitutional review with complaints raised by natural or legal persons as provided in Article 127 of the Slovak Constitution. Pursuant to §52(2) of Act No. 38/1993 Coll. on the Organisation of the Constitutional Court of the Slovak Republic, Proceedings before the Court and the Status of its Judges as amended by Act 124/2002 Coll., the Constitutional Court may decide upon the complainant's motion on temporary injunction and suspend the execution of the challenged lawful decision, measure or other encroachment. This procedure should be without prejudice to the rights of third persons. If third persons incur damage - lost profit in particular - as a result of such decision by the Constitutional Court of the Slovak Republic, the state is liable for maladministration pursuant to a separate regulation - Act No. 514/2003 Coll. on Liability for Damage Caused by Discharge of Public Authority and on the amendment to certain acts, as amended by Act No. 215/2007 Coll.
5

(NE)ROZHODOVANIE O SÚLADE ÚSTAVNÉHO ZÁKONA S ÚSTAVOU

100%
Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
|
vol. 104
|
issue 2
99 – 115
EN
The article provides a point of view of the regulation stipulating from the 1th January 2021 that the Constitutional Court of the Slovak Republic does not decide on the conformity of a constitutional law with the constitution. This view is not from the position of the Constitutional Court of the Slovak Republic, as might be expected, but the article presents a view through the exercise of those powers of the National Council of the Slovak Republic that require a constitutional majority. The idea is to point out inflation, relativization and the fallacy of the constitutional majority. This exposes the core of the constitution to a threat against which there must be a protection in place in a democratic and legal state.
6

LEGISLATÍVNA KULTÚRA

63%
Svák J., Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2018
|
vol. 101
|
issue 4
345 – 360
EN
In legislation it will be necessary to always search for an optimal articulation of scientific requirements for rational law-making, reflecting the current social needs of society (law-making as a social process), institutional level of the legislative process (legal regulation of organization and management of the legislative process) and legislative-technical aspects of legislative work (requirements for legislative language and qualitative legislative-technical expression of objective plans) with law-making as a political process (forming of the political will in the legislative process, interaction of individual components of the political system in the legislative process, democratization of the legislative process). However, at the same time it is impossible to abstract from non-legal aspects or dimensions of legislation. Legislation is not only a mechanical creation of legal regulations. It has several dimensions. We must not forget its artisanal foundation, refuse its artistic dimension and reduce it to a „computer“ processing of a draft legal regulation.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.