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Slovak "Melcak", a nuclear weapon as a gift to a new constitutional court

Publication at Faculty of Law |
2019

Abstract

The article comments the recent decision of the Constitutional Court of the Slovak Republic, in which it concludes that (i) the Slovak Constitution contains an implicit material core; whereas the principles of a democratic state governed by the rule of law form the basis of this "core"; (ii) not even constitutional laws can contradict the implicit material core of the Constitution according to the court;(iii) the Constitutional Court is thus entitled to examine the possible contradiction of constitutional law standards to the implicit material core of the Constitution and, should it find a contradiction, the court is entitled to abolish such constitutional law. The decision is surprising and can destabilize the Slovak constitutional system.