The Theory and Practice of Unconstitutional Constitutional Amendments in Slovakia (presented at the ICON-S conference at the HKU in June 2018)

Simon Drugda

Abstract

This paper critically reexamines the jurisprudence of “legal forms“ of the Slovak Constitutional Court and the corresponding possibility for an unconstitutional constitutional amendment decision. The Court traditionally held back from reviewing constitutional amendments, despite sporadic dicta in the case-law that if a challenged act constituted an abuse of form, it would need to do so. The paper reviews Slovak domestic theory on the unconstitutional constitutional amendments and assesses the recent developments wrought by the decision in the Amnesty Abolition Case PL. ÚS 7/2017, where the Court for the first time comprehensively charted the material core of the Constitution. The paper also draws a comparison to the Czech Melčák Case (Pl. ÚS 27/09) of an unconstitutional act.

Original language	English
Publication date	2018
Publication status	Published - 2018

Keywords

Faculty of Law
Constitutional amendment

Cite this

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abstract = "This paper critically reexamines the jurisprudence of “legal forms“ of the Slovak Constitutional Court and the corresponding possibility for an unconstitutional constitutional amendment decision. The Court traditionally held back from reviewing constitutional amendments, despite sporadic dicta in the case-law that if a challenged act constituted an abuse of form, it would need to do so. The paper reviews Slovak domestic theory on the unconstitutional constitutional amendments and assesses the recent developments wrought by the decision in the Amnesty Abolition Case PL. {\'U}S 7/2017, where the Court for the first time comprehensively charted the material core of the Constitution. The paper also draws a comparison to the Czech Mel{\v c}{\'a}k Case (Pl. {\'U}S 27/09) of an unconstitutional act.",

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AB - This paper critically reexamines the jurisprudence of “legal forms“ of the Slovak Constitutional Court and the corresponding possibility for an unconstitutional constitutional amendment decision. The Court traditionally held back from reviewing constitutional amendments, despite sporadic dicta in the case-law that if a challenged act constituted an abuse of form, it would need to do so. The paper reviews Slovak domestic theory on the unconstitutional constitutional amendments and assesses the recent developments wrought by the decision in the Amnesty Abolition Case PL. ÚS 7/2017, where the Court for the first time comprehensively charted the material core of the Constitution. The paper also draws a comparison to the Czech Melčák Case (Pl. ÚS 27/09) of an unconstitutional act.

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KW - Constitutional amendment

UR - https://50.law.hku.hk/icon-s2018/2018/04/23/the-theory-and-practice-of-unconstitutional-constitutional-amendments-in-slovakia/

M3 - Conference abstract for conference

ER -

The Theory and Practice of Unconstitutional Constitutional Amendments in Slovakia (presented at the ICON-S conference at the HKU in June 2018)

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Keywords

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