Slovak Constitutional Court Strikes Down a Constitutional Amendment—But the Amendment Remains Valid

TY - ICOMM

T1 - Slovak Constitutional Court Strikes Down a Constitutional Amendment—But the Amendment Remains Valid

AU - Drugda, Simon

N1 - Šimon Drugda, Slovak Constitutional Court Strikes Down a Constitutional Amendment—But the Amendment Remains Valid, Int’l J. Const. L. Blog, Apr. 25, 2019, at: http://www.iconnectblog.com/2019/04/slovak-constitutional-court-strikes-down-a-constitutional-amendment—but-the-amendment-remains-valid

PY - 2019/4/25

Y1 - 2019/4/25

N2 - On January 30, 2019, the Slovak Constitutional Court declared a constitutional amendment unconstitutional. The Court held that the Constitution contains an implicit material core that cannot be changed through the ordinary amendment process. Consequently, if an amendment violates a core provision, it will be struck down.This historic ruling aroused much less controversy than expected. It was overshadowed by the election of the country’s first female President and the first selection hearings of constitutional judges broadcast live to the public on television. I will return to the judgment to examine its several key aspects. But first I will explain the distinction between direct and indirect constitutional amendments in the Slovak legal system and then reveal how the invalidated amendment nonetheless remains law.

AB - On January 30, 2019, the Slovak Constitutional Court declared a constitutional amendment unconstitutional. The Court held that the Constitution contains an implicit material core that cannot be changed through the ordinary amendment process. Consequently, if an amendment violates a core provision, it will be struck down.This historic ruling aroused much less controversy than expected. It was overshadowed by the election of the country’s first female President and the first selection hearings of constitutional judges broadcast live to the public on television. I will return to the judgment to examine its several key aspects. But first I will explain the distinction between direct and indirect constitutional amendments in the Slovak legal system and then reveal how the invalidated amendment nonetheless remains law.

KW - Faculty of Law

KW - Constitutional amendments

KW - Constitutional law

KW - Constitutional unamendability

KW - Judicial review

KW - Vetting of judges

UR - http://www.iconnectblog.com/2019/04/slovak-constitutional-court-strikes-down-a-constitutional-amendment-but-the-amendment-remains-valid/

M3 - Net publication - Internet publication

PB - Blog of the International Journal of Constitutional Law

ER -