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. 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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Basic information
Original name From Minimalism to the Substantive Core and Back: The Slovak Constitutional Court and (the Lack of) Constitutional Identity
Authors ŠIPULOVÁ, Katarína (703 Slovakia, guarantor, belonging to the institution) and Max STEUER (703 Slovakia).
Edition 1st. Neuveden, The Jurisprudence of Particularism National Identity Claims in Central Europe, p. 81-104, 24 pp. Bloomsbury Open Access, Hart Publishing 2023, 2023.
Publisher Hart Publishing
Other information
Original language English
Type of outcome Chapter(s) of a specialized book
Field of Study 50501 Law
Country of publisher United Kingdom of Great Britain and Northern Ireland
Confidentiality degree is not subject to a state or trade secret
Publication form printed version "print"
WWW Open access knihy
RIV identification code RIV/00216224:14220/23:00130672
Organization unit Faculty of Law
ISBN 978-1-5099-6012-5
Doi http://dx.doi.org/10.5040/9781509960156
Keywords in English constitutional identity; particularism; constitutional courts; Slovak Constitutional Court
Tags rivok
Tags International impact, Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 9/2/2024 09:25.
Abstract
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.
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