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1

REFERENDUM V ÚSTAVNOM SYSTÉME ŠPANIELSKA

100%
Domin M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2016
|
vol. 99
|
issue 1
39 – 60
EN
The subject of this paper is an analysis of the institute of referendum in the Spanish constitutional system. The Constitution of Spain regulates several forms of the referendum, including the consultative referendum, referendums on amending the Constitution and various types of regional referendums relating Spanish Autonomous Communities. The paper draws attention, inter alia, to several controversial aspects relating mainly the consultative referendum, which are also in the spotlight of Spanish Constitutional Lawʼs doctrine. These controversies are centred mainly on the issue of legally binding force of the consultative referendum results. The analysis is completed by the comparison of selected issues of the institute of referendum in Spain on the one hand and in Slovakia on the other hand. As it will be indicated, some partial issues of Spanish constitutional regulation of the referendum should be inspiring for the Slovak Republic.
2

THE POLISH SOCIETY'S CONCERN OVER THE CONDITION OF AGRICULTURE FOLLOWING ACCESSION TO EU

100%
Perepeczko B.
Wieś i Rolnictwo
|
2004
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issue 2(123)
134-141
EN
Attention given in Poland to the problems of agriculture is greater than its economic significance. The Polish society is seriously concerned over agriculture's destiny in the European Union. Some of the fears felt by Polish citizens have been dispelled owing to an information campaign carried out prior to the national referendum on Poland's accession to EU and the results of negotiations conducted in Copenhagen. The positive outcome of the referendum can be largely attributed to the Polish society's confidence in the principles of the Common Agricultural Policy and, especially, the guarantees of financial support for agriculture and its non-production functions.
3

SPOR O PODSTATU ÚSTAVNÉHO ŠTÁTU NA POZADÍ PRESKÚMAVANIA ÚSTAVNOSTI ÚSTAVNÝCH ZÁKONOV SLOVENSKEJ REPUBLIKY (HABILITAČNÁ PREDNÁŠKA)

100%
Breichová Lapčáková M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
|
vol. 104
|
issue 4
271 – 290
EN
The aim of the article is a test of the constitutionality of Art. 125 par. 4, second sentence of the Constitution of the Slovak Republic „The Constitutional Court shall not decide on the conformity of the Constitutional Act with the Constitution“, which was added to the Constitution in the process of amending the Constitution by Constitutional Act no. 422/2020 Coll. It focuses on the derivation of the legal consequences of the sovereignty of the people and on the perception of anthropological natural law as the focal norm of the system of national, European and international law in the context of constitutional pluralism. The paper perceives the material core of the constitution as an original part of the concept of a constitutional state. The findings on the duality of power pouvoir constituant and pouvoir constitué are linked to the syncretic notion of Robert Alexy‘s concept of law, in the context of the methodology of multilevel constitutionalism. The author comes to the conclusion about the unconstitutionality of Art. 125 par. 4, second sentence of the Constitution of the Slovak Republic. The findings are also applied to the institute of the constitutional referendum, which is part of the level of pouvoir constitué. The subject of the referendum on shortening the parliamentary term of the National Council of the Slovak Republic is assessed as unconstitutional.
4

CHARAKTER NÁVRHU PRIJATÉHO V REFERENDE

88%
Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
|
vol. 98
|
issue 5
497 – 512
EN
The referendum is part of the constitutional arrangements from the adoption of the Constitution of the Slovak Republic since 1992. Practical experience is except from one of a referendum only related to referendums, which were not valid. The referendum and its place and importance in the Slovak constitutional system are of interest of constitutional law, political science, sociology, as well as the media and the public. Individual elements of constitutional arrangement are evaluated in terms of their contribution to meeting the spirit of the referendum, respectively if they create barriers to its effective use in the public life of the Slovak Republic. The contribution is based on the basis that constitutional arrangement of the referendum is essentially right and focuses on the outcome of the referendum - to investigate the nature of the proposal adopted by referendum. The author assumes that citizens in referendum decide on important issues of public interest. The result of the referendum is announced in the Collection of Laws. From a constitutional arrangement the author based of the decisional activity of the Constitutional Court concludes that the result of a referendum is a generally biding legal act. As a result of the decisions of citizens has prevail over Acts of Parliament. The proposal adopted by a referendum can be self-executing, that don´t needs law for its enforcement, but also that, for the implementation of which is the adoption of a law required. In this case, the proposal adopted by referendum is also a command to the legislative procedure of the Parliament. To emphasize the nature of the proposal adopted by referendum, the contribution offers suggestions for amendment of the Constitution of the Slovak Republic.
5

REFERENDUM O PREDČASNÝCH VOĽBÁCH JE PROTIÚSTAVNÉ

88%
Giba 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
|
issue 3
191 – 207
EN
In this paper, the author deals with a highly topical constitutional law issue – the question of the conformity of the referendum on early general election with the Constitution of the Slovak Republic. The attempt to organize this type of referendum is not new in Slovakia. It has been held twice so far, in 2000 and 2004. Despite serious doubts about its constitutionality, the Constitutional Court has not yet had the opportunity to make a decision on this issue. The author takes a clear position that the referendum on early general election is unconstitutional. He supports this conclusion with arguments of legal theory, written law and case law, taking also some examples and inspiration from comparative constitutional law. According to the author, accepting this kind of referendum as part of the constitutional mechanisms can destabilize the Slovak constitutional system in a serious way. The author claims that the referendum on early election devalues, and therefore violates the importance of the right to vote, it violates the representative mandate, the sovereignty of the people and ultimately, also the principle of democracy and the rule of law.
6

ÚSTAVNOPRÁVNY REŽIM VYSTÚPENIA SLOVENSKEJ REPUBLIKY Z EURÓPSKEJ ÚNIE

75%
Svák J., Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 6
511 – 525
EN
The Treaty of Lisbon for the first time specifically solves the withdrawal of a Member State from the European Union. The actual withdrawal under the Art 50 of the Treaty on European Union adjusts the proceedings on the level of the European Union, but also assumes the prevent approval of the decision on withdrawal from the European Union on the level of the Member State. The Treaty on European Union presupposes the existence of national constitutional requirements for this process. In the present paper are therefore outlined the basic constitutional context of national decisions about the withdrawal of the Member State from the European Union and are outlined possible solutions in the Slovak Republic.
7
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MODERNIZACE, HODNOTOVÁ ZMĚNA A PŘÍMÁ DEMOKRACIE

75%
Dvořák T.
Sociológia (Sociology)
|
2013
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vol. 45
|
issue 2
107 – 127
EN
The article studies the hypothesis that the evolution of new forms of participative democracy is associated with the modernization process and the value change which occurred during the second half of the 20th century. According to Ronald Inglehart’s theory of post-material values, the modernization process should increase citizens’ autonomy, education and cognitive skills and, in turn, help advance new forms of democracy. Based on the case of EU accession referendums in five Central and Eastern European countries, it is studied who participated in those referendums and which (primarily socio-demographic) factors influenced that participation. According to Inglehart’s theory (and related hypotheses), alternative/direct forms of participation should mobilize young generations, and an important role should be played by factors such as high education or increasingly critical attitudes towards representative democracy. The results of the analysis did not confirm this hypothesis. The analysis showed that direct democracy mobilizes those citizens who have participated in representative elections in the past and are generally more interested in politics. The hypothesis that young people should be more likely to participate in referendums was rejected as well.
8

NÁRODNÁ RADA SLOVENSKEJ REPUBLIKY V PARLAMENTNEJ FORME VLÁDY

75%
Nikodým D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
|
vol. 98
|
issue 6
571 - 589
EN
The author refers to the development of the political scene since 1989 to these days. Regular rotation of coherent poliltical partes in theNational Council has not been apparent in individual electoral terms; many of them have even shown signs of fragmentation. In the current electoral term the left-wing party is homogenous, while the righ-wing parties are fragmented. The author refers to problems of the electoral sytem, which does not guarantee an adequate representation of candidates from different regions in the electorial district. He recommends considering the adoption of a mixed electoral system or the establishment of the second, regional chamber of parliament. He refers also to the functioning of the political system in democratic foreign countries, taking into account the classification of democratic regimes, which are applied in conditions of competitive democracy or its antipole - consociational democracy. Further, the author addresses the issue of weakness in the legal regulation of referendum in terms of its legal effects, participation of interst groups in the law-making and participation of citizens in elections and makes suggestions for treatment of de lege ferenda.
9

O SÚČASNEJ SITUÁCII V SLOVENSKEJ PRÁVNEJ NORMOTVORBE

75%
Kukliš P., Hodás M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2016
|
vol. 99
|
issue 6
474 – 500
EN
In these days, the types of law sources and the processes of origin of law-norms become so complicated, that there is no doubt they represent a specific field of research at the professional as well as scientific platform. In the submitted article the both authors describe in overview and analyse in details the recent sources of law and law-making processes determining the legal milieu in Slovak Republic. Also, they do not neglect the “constitutional” judicatory, the problems of an electronic collection of law-decrees, or the rules of referendum law-making. They also stress the relevant law-making connotations to the EU law-system (intra community consultation process, consulting within the EU institutions, requirement of the transposition and implementation, including the Slovak Parliament). The final part of the study is devoted to the contemplations on some system problems of the recent law-making (law making as a part of politics, hypertrophy of law, quality of legislators, etc.).
10

POVINNOSŤ PARLAMENTU PRIJAŤ ZÁKON?/!

63%
Balog B., Trellová L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 1
25 – 43
XX
The paper analyzes the status of the Parliament in connection with the examination of the existence or absence of its obligation to adopt the law in situations that are analyzed in this paper. It is a question of obligations of the Parliament to adopt laws, if based on a valid referendum give citizens order to the Parliament for the adoption of such legislation, which reflect the results of a valid referendum into a law. Furthermore, it is effect of so called positive commitment of State which, under the authors‘ opinion in a material Rule of Law constitutes an obligation of the Parliament to adopt a law whether laws that would fill and guarantee constitutional rights and freedoms which, by their nature require an adjustment in the form of law. Finally, it is the adoption of laws as a result of implementation of legally binding acts of the European Union. Despite of the absence of constitutional sanctions for the fulfillment of the obligation of the Parliament to adopt the law, the authors express their opinion that in these cases arises for the Parliament the obligation to adopt the law. For a valid referendum at the same time the authors suggest the possible constitutional sanction, namely the dissolution of the Parliament.
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