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1

K ODŇATIU PRÁVOMOCI ÚSTAVNÉHO SÚDU SR POSUDZOVAŤ ÚSTAVNÉ ZÁKONY – KRITICKÉ REFLEXIVE

100%
Ľalík T.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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issue 2
116 – 140
EN
The article critically reviews the last constitutional amendment that took away the power of the Slovak Constitutional Court to review unconstitutional amendments. It argues that such amendment is neither in line with constitutionalism nor with democracy. In particular the paper critically examines the unbound power of the parliament to amend the Constitution, its claim on sovereignty and its uniqueness in representing the People. The article explores in what way constitutional courts in general are representative and thus democratic institutions, what the role of the courts in constitutional project is and how to approach the delicate issue of the substantive core of the Slovak Constitution. The author claims that the judgment PL. ÚS 21/2014 improved the Slovak Constitution in terms of rigidity, democracy and effective control of the parliament and as a result it deserved to be respected by the other branch of the government.
2

CONSTRUCTING THE IDENTITY OF A NATION-STATE SYMBOLIC CONFLICT OVER THE PREAMBLE TO THE CONSTITUTION

100%
Halas E.
Kultura i Społeczeństwo
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2004
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vol. 48
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issue 3
121-142
EN
The conflict over the contents of the preamble to the Constitution of the Polish Third Republic is presented as a symbolic discursive struggle on the public arena led by organized collective agents - the representatives of political parties, NSZZ 'Solidarnosc' and the Roman-Catholic Church. It is a study of the function of symbolization, based on the example of constitutionalism, which describes the undercurrents of the winning and maintaining of political power with the use of symbols after the collapse of the realty existing socialism. The writing of the preamble was an interactive process. The authoress claims that the meaning of the preamble can only be understood by contextualization, i.e. by recreating the symbolic interactions during its writing. She focuses primarily on various stages of the negotiations, as well as strategies and tactics associated with the inclusion of the invocatio dei. Special importance is accorded to the entries which assumed a dialectical form - the expressions 'We, the Polish Nation - all the citizens of the Republic, both those who believe in God, as the source of truth, justice, good and beauty, as well as those not sharing such faith but respecting those universal values as arising from other sources' and 'recognizing our responsibility before God and our own consciences'. These expressions symbolically mark the borders of a consensus, which means that the society is divided within the bounds of a problematic identity of the nation-state of the Polish Third Republic. The authoress discussed also the structure of civil, national, universal, religious and secular values in the final version of the preamble.
3

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)
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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.
4

SOCIETY IN A SOCIETY. A SOCIOLOGICAL CONCEPT OF CONSTITUTIONALISM AFTER COMMUNISM

100%
Skapska G.
Studia Socjologiczne
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2005
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issue 4(179)
39-67
EN
Do postcommunist constitutions reflect a theory of society, which would contribute to the consolidation of new democracies around symbols and meanings, and to the formation of a positive constitutional consensus? Do they allow for choosing from many options of further development? The former system had such a theory at its disposal - it was Stalinist constitutionalism, founded on the Marxist theory of social development and a clearly defined distinction between Stalinist and liberal democratic constitutionalism. The social correlate of Stalinist constitutionalism, known also as hypocritical, presented a negative constitutional consensus. Current difficulties in the democratic consolidation, and the formation of a positive constitutional consensus are a result of a particular character of the legitimization of the transformation, in the concept of a legal revolution, and of the lacking of an undisputable and clear conceptualization of human rights. The latter present a deciding factor in the postcommunist differentiation from the Stalinist constitutionalism. In consequence, a hypothetic possibility of an eclectic constitutionalism emerges which success depends on its reflection of local democratic tradition and social aspirations
5
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Ke kořenům ruského liberalismu

100%
Saur J.
Slovanský přehled: historická revue pro dějiny střední, východní a jihovýchodní Evropy (Slavonic Review: Review for Central, Eastern and Southeastern European history)
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2010
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vol. 96
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issue 1-2
3-26
EN
The article focuses on political thinking in the 18th century Russia, which preceded the 19th and 20th century Russian liberalism. It is divided into two sections. The first sections focuses on certain difficulties connected with clarification of the term Russian liberalism (or more precisely liberalism in Russia) and the course of its existing research, i.e. the heterogeneous periodicity of Russian liberalism, the problematic specification of the term 'liberal' in the Russian milieu and the fluctuation of liberalism in Russia from positive to pejorative nuances. The second section pursues viewpoints of political thinkers and the development of public political life in the 18th century Russia, which was followed by Russian liberalism in the 19th and 20th century. The author pays attention to political ideas and standpoints of I. T. Pososhkov, D. M. Golicyn and V. N. Tatishchev and their attempts to weaken the tsarist power in 1730. He analyses the rise and advance of public movement and West European political thinkers' influence on the Russian political activity in the second half of the 18th century. Next, he analyses constitutionals projects of N. I. Panin, P. I. Panin and D. I. Fonvizin and ideas of S. J. Desnickij and A. N. Radishchev.
6

POLITICKO-FILOZOFICKÉ VÝCHODISKÁ MLADÉHO S. HURBANA VAJANSKÉHO V NÁRODNÝCH NOVINÁCH

88%
Martinkovič M.
Filozofia (Philosophy)
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2010
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vol. 65
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issue 10
990-1003
EN
The aim of the paper is to reconsider the traditional evaluation of S. H. Vajansky, which underlines mainly the anti-progressive, conservative and anti-realistic features of his later writings. The examination of his earlier articles in Narodne noviny up to 1883 shows, however, his critical openness to the contributions of constitutionalism. His primordialistic standpoint is enriched by the ideas emphasizing the importance of the education of wider public as well as the necessity of polemics in creating Slovak national awareness. Young Vajansky did not dismiss the incentives of liberalism or constitutionalism. He rather criticized their formalism. He acknowledged their key contribution in expanding the ideas of the freedom of press and speech, which should have served the political elites in their creating the national identity.
7

REGIONALIZMUS AKO NÁSTROJ ZMENY VO VZŤAHU MEDZINÁRODNÉHO A VNÚTROŠTÁTNEHO PRÁVA (PLURALIZMUS NA OBZORE), ČASŤ 2

75%
Elbert Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 6
560 - 570
EN
The relationship between international and national law has been traditionally defined by the theories of monism and dualism. These theories became established in a period when it was argued about the primacyof international law over national law or vice versa, or whether international law can be regarded as an autonomous legal system worth of adherence. However, the ideas have been replaced by reflections on the relationship between legal systems as such, in particular in the European area, where European law has wedged in between international and national law. The European Union continuously strengthens the autonomy of European law; therefore we present several considerations on the influence of European law as another legal order applicable by authorities of the member states on the relationship between the laws in conditions of the European region. Although the theory of pluralisn is not a generally established and respected theory describing the relationship among international, European and national laws, a variety of different considerations lead us to review our view of this relationship. They include new function of international law, European regionalism and internationalization of constitutional law and other concepts, which were initially only applicable to national law. Also these reasons bring the ideas on legal pluralism of laws to the foreground. However, there are also considarations, which undermine the position of pluralism as a suitable theory for the relationship among international, European and national laws, such as fragmentation of international law undermining the legal certainty in international law or constitutionalism at global or European level.
8

SOCIÁLNE A KULTÚRNE DEJINY UHORSKÉHO SNEMU V 18. STOROČÍ: ČIASTKOVÉ VÝSLEDKY A ZREJMÉ ÚLOHY

75%
Szijártó I. M.
Historický časopis (Historical Journal)
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2012
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vol. 60
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issue 2
257 – 269
EN
A renewed interest in the history of the early modern Hungarian estates enables us to review this field of scholarship, to sum up the most recent results of the history of the Diet, the central institution of Hungarian politics in the 18th century, to map the various possibilities offered by social and cultural history, and to point out the opportunity to apply a micro-historical approach. Finally, the essay examines a hypothesis on a decisive change in 18th-century Hungarian politics, a mid-century shift from the ‘confessionalism of the estates’ to the ‘constitutionalism of the estates’.
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