Slovak Constitutional Court Strikes Down a Constitutional Amendment—But the Amendment Remains Valid

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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.
Original languageEnglish
Publication date25 Apr 2019
PublisherBlog of the International Journal of Constitutional Law
Number of pages3
Publication statusPublished - 25 Apr 2019

Bibliographical note

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

    Research areas

  • The Faculty of Law - Constitutional amendments, Constitutional law, Constitutional unamendability, Judicial review, Vetting of judges

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