|
Judicial Self-restraint and the
Super-repealing Power of the Constitutional Court of the Slovak Republic.
Doc. Mgr. Marek Káčer, PhD.,
Institute of State and Law of Slovak Academy of Sciences
Právny obzor, 102, 2019, special issue, pp.
3-13.
Published online: 15.1.2020
Abstract. The goal of this article is to answer whether
the concept of the substantive core of the Slovak Constitution combined with the
super-repealing power of the Constitutional Court is an appropriate supplement
of the judicial review of constitutionality, or whether it lets judges conserve
authoritarian tendencies of political power or enhance their social status. As
the Constitutional Court has refused the principle of judicial self-restraint in
its recent case law, the latter scenario seems to be the more realistic one in
Slovakia at the moment.
Keywords: division of powers, judicial
self-restraint, substantive core of the constitution, substantive Rechtsstaat,
principle of proportionality
|
ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
|
OPEN ACCESS