MISCONCEIVED QUEST FOR THE PERFECT CONSTITUTIONAL COURT Cover Image

MISCONCEIVED QUEST FOR THE PERFECT CONSTITUTIONAL COURT
MISCONCEIVED QUEST FOR THE PERFECT CONSTITUTIONAL COURT

Author(s): Lívia Trellová, Boris Balog
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет »Гоце Делчев« - Штип
Keywords: Division of powers; Constitution; Constitutional Court; Legitimity; Constitutional amendment; Consitutional Judge; Slovak Republic

Summary/Abstract: The Slovak Republichas undergone a turbulent development from the establishment of independent statehood to the present time. The independent state was establishedon January 1st, 1993 following the peaceful dissolution of the Czech and Slovak Federal Republic. We can classify it among the states with a relatively young democracy. In this respect it is similar to several states in the Balkan peninsula.This article deals with the issue of divison of powers in the Slovak Republic (Slovakia) in the context of actual constitutional development in the area relating to the Constitutional Court. The main focus of the paper is an evaluation of the practical application of the constitutional powers of the presidentand parliamentin Slovakia in relation to Constitutional Court appointments. The authors offer a critical analysis of recent constitutional developmentsin this area, pointing out specific constitutional issues relating to this topic. The second partarticle focuses on a critical analysis of the draft of a Constitutional Act directly amending the Constitution of the Slovak Republic, which was introduced and submitted to parliament in 2020, though, at the time of this writing,the fate of this amendment and its final wording is unknown. The aim of the constitutional amendment is to make changes in the judicial system, especially concerning election of judges forthe Constitutional Courtand criteria for candidates for this court.

  • Issue Year: 16/2020
  • Issue No: 16
  • Page Range: 107-125
  • Page Count: 18
  • Language: English
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