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@inbook{2278317, author = {Šipulová, Katarína and Steuer, Max}, address = {Neuveden}, booktitle = {The Jurisprudence of Particularism National Identity Claims in Central Europe}, doi = {http://dx.doi.org/10.5040/9781509960156}, edition = {1st}, editor = {Kriszta Kovács}, keywords = {constitutional identity; particularism; constitutional courts; Slovak Constitutional Court}, howpublished = {tištěná verze "print"}, language = {eng}, location = {Neuveden}, isbn = {978-1-5099-6012-5}, pages = {81-104}, publisher = {Hart Publishing}, title = {From Minimalism to the Substantive Core and Back: The Slovak Constitutional Court and (the Lack of) Constitutional Identity}, url = {https://library.oapen.org/handle/20.500.12657/63692}, year = {2023} }
TY - CHAP ID - 2278317 AU - Šipulová, Katarína - Steuer, Max PY - 2023 TI - From Minimalism to the Substantive Core and Back: The Slovak Constitutional Court and (the Lack of) Constitutional Identity VL - Bloomsbury Open Access, Hart Publishing 2023 PB - Hart Publishing CY - Neuveden SN - 9781509960125 KW - constitutional identity KW - particularism KW - constitutional courts KW - Slovak Constitutional Court UR - https://library.oapen.org/handle/20.500.12657/63692 N2 - The chapter on the SCC hence demonstrates that constitutional courts may develop their reading of constitutional identity in a reactive way. The lack of textual hooks in the text of the Slovak Constitution, combined with experience of political unrest, tradition of judicial minimalism, and dominance of separation of powers disputes in the SCC’s case law, eventually led the court to ground its approach to constitutional identity in the substantive core doctrine. This doctrine represents a reading of constitutional identity which aims at integrating democracy, human rights and the rule of law. We argue that locking in the principle of judicial independence became important both for the SCC’s self-preservation and for its understanding of the threats to the Slovak judiciary in general. Therefore, the government’s attempt to interfere in judicial independence via the security screening of judges spurred the court to quash several provisions of the constitutional act. However, in doing so the SCC also created a space for a pushback from the populist government, which demanded more accountability for the ‘non-democratic’ judiciary by curtailing the court’s formal powers in an accelerated procedure. This is important for the broader literature examining legislative reactions to judicialisation of politics. ER -
ŠIPULOVÁ, Katarína and Max STEUER. From Minimalism to the Substantive Core and Back: The Slovak Constitutional Court and (the Lack of) Constitutional Identity. In Kriszta Kovács. \textit{The Jurisprudence of Particularism National Identity Claims in Central Europe}. 1st. Neuveden: Hart Publishing, 2023, p.~81-104. Bloomsbury Open Access, Hart Publishing 2023. ISBN~978-1-5099-6012-5. Available from: https://dx.doi.org/10.5040/9781509960156.
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