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LIMITY VÝKONU ÚSTAVODARNEJ MOCI V SLOVENSKEJ REPUBLIKE (HABILITAČNÁ PREDNÁŠKA)

100%
Baraník K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
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vol. 104
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issue 1
3 – 25
EN
On the background of the existential tension between democracy and constitutionalism, the article addresses the limits of the exercise of constitutional power in the Slovak Republic. It maps out both explicit and implicit limits of the constitutional process. First it analyses internal, i.e. national restrictions resulting from the Slovak constitutional order and then focuses to limits, the existence of which is implicitly shaped by external legal orders. Some of these restrictions on the exercise of constitutional power are quite unequivocal. Others represent so far unapplied, rather hypothetical limits. The submitted text defends the need for the existence of inherent limits of the exercise of constitutional power. They are an expression of the restriction on the exercise of any power, which is the basic postulate of democratic constitutionalism. In the end of the article, the author calls for the establishment of system balance in the exercise of constitutional power of the National Council. Such approach namely supports the possibility of democratic constitutional modification and will ensure accentuation of principles of constitutionalism, without the need of fixation of the constitution to any form (implicit or explicit) of inviolability.
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