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Constitutional amendment procedure in the Slovak Republic (2016-2020) from the perspectives of major problematic areas

100%
Farkašová S.
The Lawyer Quarterly
|
2022
|
vol. 12
|
issue 2
173-193
EN
The paper concerns the issue of large constitutional activities of The National Council of the Slovak Republic during the 7th parliamentary term from 2016 until 2020. While discussing the quantity of constitutional activities of the National Council of the Slovak Republic, first of all, the author points to the theoretical matters concerning the Slovak polylegal constitutional system and legal regulation of the constitutional amendment procedure. This document summarizes results of constitutional amendment procedure – all constitutional initiatives, including adopted constitutional Acts in a form of the basic statistical data from the 1st to the 7th election term (1994–2020) and extended statistical data in the 7th election term (2016–2020) of the National Council of the Slovak Republic. The imminent part of this document is the analysis of abovementioned data, the synthesis of the major practical and legislative problems that causes the numerous proposals of the Constitution Acts, mainly by deputies of the parliament and subsequently the description of the proposal de constitutione ferenda, or de lege lata to improve the stability and quality of the Constitution of the Slovak Republic.
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Zabezpieczenia konstytucji przed zmianą konstytucji

72%
Szymanek J.
Prawo i Polityka
|
2015
|
issue 6
7-24
EN
This article discusses procedural means of protecting the constitution against changes. The starting point is the general remark that the constitution should be a durable and stable act, as it is the permanency of any constitution that is its inherent feature. Nevertheless, any rational legislator of the constitutional system must allow for the possibility of changing the constitution. However, any implementation of changes ought to be carried out with caution and only if absolutely necessary. Therefore, the mode of changing the constitution must be difficult enough (in comparison to passing ordinary laws) but also accomplishable. Consequently, the procedural side of any change of the constitution must be designed so as to, on the one hand, make the procedures of amending the constitution possibly complicated, but on the other hand those procedures must be realistic and implementable. That is why nowadays we can observe a whole range of procedural solutions concerning the process of changing the constitution, e.g. provisions relatively unchanged. The prerequisite of obtaining a qualified majority in the parliament is also a common mechanism in the process of changing the constitution. Sometimes changing the constitution must be approved by two consecutive parliaments, but a more frequent solution is a referendum-based procedure.
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