Journal of the Charles University Law Faculty
Ondřej Preuss
Author’s affiliation:
Faculty of Law, Charles University in Prague
People versus referendum – the second Slovak „Melčák” case
Jurisprudence 2/2022 Section: Articles Page: 22-33
Keywords: Constitutional Court of the Slovak Republic, substantive core of the constitution, unconstitutional referendum
Abstract: The article comments the recent decision of the Constitutional Court of the Slovak Republic, in which it blocked a referendum on whether early elections to the National Council of the Slovak Republic (Slovak Parliament) could be held. The Constitutional Court found the referendum on early elections to be in conflict with the principles of a democratic state governed by the rule of law. This decision was inspired by the Czech Constitutional court case law, as well as by the decision of the Constitutional Court of the Slovak Republic assuming that the Slovak Constitution contains an implicit untouchable material core. The decision could be seen as shocking or activist, however, this is not a easy case.
