Enabling Powers of the Government of the First Slovak Republic from the Perspective of the Constitutional War Practice of 1939–1945
Enabling Powers of the Government of the First Slovak Republic from the Perspective of the Constitutional War Practice of 1939–1945

Summary/Abstract: The legislative (and constitutional) powers of the Parliament in a democratic constitutional and political system should under no circumstances be undermined and diminished by the delegated or even substituting legislative activity of another state or public body, but in modern history forming in Slovakia and Hungary since the second half of the 19th century, there were extraordinary transients and events when it was necessary to transfer the exercise of this sovereign powers of parliament to another, usually the highest executive body of state power - the Government. At the time of the establishment of statehood, government legislation in war Slovakia in 1939–1945 could rely on the original general authorization of the Czechoslovak governments, which was granted to them by the Constitutional Charter of the First Czechoslovak Republic, as amended by several enabling acts. This factual and legal situation was followed up, under the Act No. 1/1939 of SC, at least nominally, by the newly constituted Slovak Government of J. Tiso, which similarly received the structure and content of the existing Czechoslovak legal order within the limits of the reception under § 3 of the said Act No. 1. As this Act had the nature of a constitutional law and also a temporary constitutional arrangement, it granted the Government of the Slovak State unlimited enabling powers for legislative and executive government activities in § 4, thus allowing it to perform almost unlimited enabling legislation of the first Slovak Republic/State whose extent and quality from a theoretical and contemporary point of view is described in more detail in the presented descriptive analysis of this paper.

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