Judicialisation of Politics in Slovakia: On Constitutional Hardball and Interbranch Contestation (presented at the CELCOS conference in April 2016)

TY - CONF

T1 - Judicialisation of Politics in Slovakia: On Constitutional Hardball and Interbranch Contestation (presented at the CELCOS conference in April 2016)

AU - Drugda, Simon

PY - 2016

Y1 - 2016

N2 - This paper analyses a recent high-profile decision of the Slovak Constitutional Court in a dispute over judicial appointments to its own bench in the case PL. ÚS 45/2015. The papers examine the decision against the background of the Court’s prior jurisprudence on appointment powers and the role of the President of the Republic in the constitutional system of Slovakia. The analysis provides support for a larger claim of that politics in Slovakia manifest a moderate tendency towards judicialisation over time. This tendency is further enhanced by the institutional design of the Constitutional Court. The Court gravitates towards politically charged controversies, especially when deciding on constitutional interpretation pursuant to Art 128 of the Constitution, which can put can put it in a harm’s way. The Court can face backlash and retaliation from the political branches of government.

AB - This paper analyses a recent high-profile decision of the Slovak Constitutional Court in a dispute over judicial appointments to its own bench in the case PL. ÚS 45/2015. The papers examine the decision against the background of the Court’s prior jurisprudence on appointment powers and the role of the President of the Republic in the constitutional system of Slovakia. The analysis provides support for a larger claim of that politics in Slovakia manifest a moderate tendency towards judicialisation over time. This tendency is further enhanced by the institutional design of the Constitutional Court. The Court gravitates towards politically charged controversies, especially when deciding on constitutional interpretation pursuant to Art 128 of the Constitution, which can put can put it in a harm’s way. The Court can face backlash and retaliation from the political branches of government.

KW - Faculty of Law

KW - Constitutional courts

UR - https://www.youtube.com/watch?v=R4pn0jMVglo

M3 - Paper

ER -