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1

LEGISLATIVE FAUX PAS (Zakonodarne preslapy)

100%
Vozar J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
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vol. 91
|
issue 6
475-489
EN
The article points out to selected problems of the legislative work in Slovakia from the view of its constitutionality. It repeatedly calls attention to the problem of adoption of laws the content of which is identical with the content of those laws that have been declared anti-constitutional by the Constitutional Court of SR. It refers to the solution of similar problem in Austria. The author also analyses some of the laws that he believes to be beyond the limit of constitutionality. He also points out to the international law consequences of such adopted laws and to the threat of suits for the protection of investments.
2

OPODSTATNENIE PROCESNEJ SPRAVODLIVOSTI

100%
Káčer M.
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 5
333 – 344
EN
The fact of political and moral disagreement confirms that considerations of justice are often influenced by subjective preferences. However, the procedural concept of justice is to some extent immune to this subjectivism. Instead of a speculative question of what is justification and unjustification, proceduralism addresses the constructive question of how to establish legislative and judicial processes to maximize the chances of substantively just outcomes. This approach not only elaborates solid justification of a democratic rule of law; it also suggests a series of practical recommendations on how to improve the functioning of this form of government.
3

VYHLÁŠKY ÚRADOV VEREJNÉHO ZDRAVOTNÍCTVA AKO PRÁVNY PREDPIS

88%
Kukliš P.
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
141 – 154
EN
The article deals with the ordinances of the Public Health Office and of regional public health authorities as a new type of generally binding legal act. The subject of criticism is the way in which the law empowered the Public Health Office and regional public health authorities – as state budget organizations – to issue generally binding ordinances. The way in which this legislation is published is also criticized.
4
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JUDICIAL CONTROL OF THE CONSTITUTIONALITY OF THE LAW (Sadowa kontrola konstytucyjnosci prawa)

88%
Mistygacz M.
Kontrola Państwowa
|
2011
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vol. 56
|
issue 5(340)
29-44
EN
In the majority of the continental Europe countries, judicial control of the constitutionality of the law is exercised by a special body of the judicial branch - the constitutional court, which in Poland is the Constitutional Tribunal. The Tribunal is an autonomous state body, independent of the legislative and executive branches. It examines whether legal acts, international agreements and other normative acts are compliant with the Constitution of Poland, it examines constitutional complaints, whether the objectives and activities of political parties are compliant with the Constitution; it settles competence disputes among central state bodies and gives a decision as for obstacles of the President of Poland to perform duties. The author presents the specifics of the Tribunal and the evolution of its role after political transformations in Poland. He also discusses the mandate of the Tribunal and the nature of its decisions.
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