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VOLEBNÉ INŽINIERSTVO PRI VOĽBÁCH DO NR SR

100%
Annales Scientia Politica
|
2017
|
vol. 6
|
issue 2
47 – 62
EN
The study focuses on the issues pertaining to the electoral engineering. Its aim is to clarify and resolve the imprecisions of the terminology referring to the changes of the legislature concerning the election process, while specifying four types of changes. The classification is subsequently applied in the analysis of the changes of the legislature concerning the elections to the National Council of the Slovak Republic since 1989 to this day.
EN
The article provides a point of view of the regulation stipulating from the 1th January 2021 that the Constitutional Court of the Slovak Republic does not decide on the conformity of a constitutional law with the constitution. This view is not from the position of the Constitutional Court of the Slovak Republic, as might be expected, but the article presents a view through the exercise of those powers of the National Council of the Slovak Republic that require a constitutional majority. The idea is to point out inflation, relativization and the fallacy of the constitutional majority. This exposes the core of the constitution to a threat against which there must be a protection in place in a democratic and legal state.
EN
The National Council of the Slovak Republic dealt also in V. election period in the draft of the Constitutional Act on the Annulment of certain decisions on amnesty. The draft of the Constitutional Act was not approved. In 1999 the Constitutional Court of the Slovak Republic ruled that the President is not authorized to annul the decision on Amnesty. The question arises, whether such annulment power has National Council of the Slovak Republic as the highest representative body of the Slovak Republic, namely by an Constitutional Act. This idea could be possible in terms of a poly legal constitution. The author controverts with such power of the National Council of the Slovak Republic and he argues that the National Council of Slovak Republic is in its constitutional power limited. This limitation represents the implicit material core of the constitution, which the author classifies as the principles of the rule of law and inviolable, inalienable, imprescriptible and indefeasible fundamental rights and freedoms. In relation to the Constitutional Act on the Annulment of some decisions on Amnesty refers to conflict with the principle of separation of powers and also to the absence of generality of such Constitutional Act.
EN
An accelerated legislative procedure is a special institute in the legislative process. Its use is often criticized. Article deals with the theoretical analysis of an accelerated legislative procedure, and justify its position in the legislative process, its relationship to the principles of law. Particular attention is paid to current legislation shortened legislative proceedings in Slovak law, the statutory conditions of use and procedure for its application. The article analyzed using a practical application of an accelerated legislative process in the National Council of the Slovak Republic. A separate section deals with the determination of the Constitutional Court of the Slovak Republic from the perspective of the use of accelerated legislative procedures in the Slovak National Council. The conclusions are formulated some proposals that could eliminate several shortcomings and errors in the application of expedited legislative procedure in the legislative process.
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