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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
|
vol. 104
|
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.
2

MATERIÁLNE JADRO ÚSTAVY A IMPERATÍV NEZMENITEĽNOSTI

88%
Krajáč A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 4
336 – 345
EN
The article is focused on an analysis of a decision of Constitutional court of Slovak republic PL. ÚS 21/2014-96 from the viewpoint of core of constitution theory. The aim of this article is not only to describe and characterise theory of core of constitution, but to also present drawbacks of this theory. In the introduction we analyse the core of constitution and eternity clause concepts, followed by an analysis of this clause as a limitation of the power of people and constitutional body, continuing by description of the very concept of core of constitution. In the end we construct a logic argument proving that legal embodiment of constitutional core is not only legally irrational but also dangerous, because it serves as a way for legislation to avoid critique.
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