Slovak Constitutional Court Strikes Down a Constitutional Amendment—But the Amendment Remains Valid
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Slovak Constitutional Court Strikes Down a Constitutional Amendment—But the Amendment Remains Valid. / Drugda, Simon.
3 s. Blog of the International Journal of Constitutional Law. 2019blog-entry.Publikation: Andet › Udgivelser på nettet - Net-publikation › Forskning
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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 -
ID: 216933483