Brexit, freedom, and justice: the difficulties of political constitutionalism with the supranational/global

Bardutzky, Samo

doi:10.4337/9781789903010.00025

Cited by 2 publications

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“…114 The trial was highly controversial and led to mass protests, the largest public gathering in Slovenia since WWII. 115 The decision of the Slovenian assembly to include a clause on language equality in the 1988 constitutional amendment XLVI should therefore not be a surprise. Art.…”

Section: Right To Languagementioning

confidence: 99%

“…114 As Bardutzky mentions, the abstract phrasing of the constitutional provisions is part of the Slovenian constitutional culture, which could be a reason for the rare need for constitutional amendments. 115 There is a dispute in Slovenian academia regarding the possible decision of the Slovenian Constitutional Court on the material core of the constitution and its relations with EU law. 116 While Croatia and Hungary are on the same level in the field of textual rigidity, only the parliamentary majority and the possible starters of the initiative are considered methods for distinguishing the constitutional amendment from ordinary lawmaking, the practical results of the amending rate are considerably diverse.…”

Section: Frequency Of Constitutional Amendments In the Examined Statesmentioning

confidence: 99%

“…114 On the site of the National Assembly of the Republic of Serbia, access to the database of adapted legal sources is provided. 115 The Slov-Lex database of the Slovakian ministry of justice 116 provides wide access to the country's legal norms and legislative processes as well as to the case law of the national constitutional court and ordinary courts, among others. The portal also enables the public to acquaint itself with proposed bills and take an active role in the lawmaking process using commenting tools.…”

Section: Legal Sourcesmentioning

confidence: 99%

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Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries

2022

Legal Studies on Central Europe

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The book series Legal Studies on Central Europe seeks to publish comparative legal scholarship on a wide variety of topics. The primary goal of the series is to present and address legal issues which arise in connection with the Central European region, taking into account the legal traditions, culture and approach of the countries therein. The series consists and will consist of titles on not only private and public law but also legal and integration history. Furthermore, it aims to encompass titles which deal with and analyse international law and EU law aspects related to the countries in the Central European region. The books published in the series are written for both academics and legal practitioners who are interested in contemporary legal problems connected to Central European countries.

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Section: Right To Languagementioning

confidence: 99%

Section: Frequency Of Constitutional Amendments In the Examined Statesmentioning

confidence: 99%

Section: Legal Sourcesmentioning

confidence: 99%

See 1 more Smart Citation

Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries

2022

Legal Studies on Central Europe

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Section: Frequency Of Constitutional Amendments In the Examined Statesmentioning

confidence: 99%

Constitution-Making and the Permanence of the Constitution

Szakály¹

2022

Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries

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After the adoption of the first modern constitution – that of the United States – a dispute started over the possible permanence of the document. While some states hold minor interest in creating special rules for amending the constitution,1 other states created lengthy and circumstantial rules.2 The rules for adopting and amending the constitution can show the attitude and the level of respect towards the constitution itself. The aim of this chapter is to examine these processes and dynamics in the following states: Croatia, Czech Republic, Hungary, Poland, Romania, Serbia, Slovakia and Slovenia. I first examine the basic definitions and theories related to the dynamics at play in constitutional amendments and then the characteristics of the examined states’ constitutional attributes. The age of the constitution itself and the number of constitutional amendments can illustrate a few basic points related to the issue of constitution-making and constitutional amendment. While some of the analysed constitutions guard the amendment process with several strict rules, some others use only slightly different rules for constitutional amendment compared to ordinary legislation. I thus examine the textual and practical rigidity of the formal constitutional amendment rules. The significance of the adoption and the amendment of a constitution cannot be emphasised enough as the stability of the whole legal system is based on this document. After analysing the rules of the adoption and the amendment of the constitutions of Central and Eastern Europe, I draw several conclusions.

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Brexit, freedom, and justice: the difficulties of political constitutionalism with the supranational/global

Cited by 2 publications

References 0 publications

Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries

Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries

Constitution-Making and the Permanence of the Constitution

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