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The Constitutional Court is the judicial body responsible for the protection of constitutionality. But what does it mean?

Publication at Faculty of Law |
2021

Abstract

The article defines and in its four chapters consecutively presents and analyses four possible and already used interpretations of Art. 83 of the Constitution stating that "the Constitutional Court is the judicial body responsible for the protection of constitutionality", namely a) a description of the Constitutional Court's role in the system of constitutional bodies, b) an instrument for the judicial deference of the Constitutional Court, c) determination of the inviolable core power of the Constitutional Court and finally d) subsidiary empowering norm. For each of the aforementioned interpretations, the article deals predominantly with their relationship to other relevant provisions of the Constitution, as well as the specific cases in which they have been used by the Constitutional Court and potential problems they may cause.