THE MATERIAL CORE OF THE SLOVAK CONSTITUTION AND ITS PERSPECTIVES

The aim of the Article is to clarify, if the Slovak constitutional system contains constitution based on material core. Were there any important changes dealing with this constitutional concept? The purpose of this paper is to offer an answer to the questions by outlining a short overview of constitutional development especially in the field of discovering the material core of the Constitution of the Slovak Republic and its turbulent development. One of the used perspectives is a COVID 19 crisis perspective and its influence upon material core of constitution

MISCONCEIVED QUEST FOR THE PERFECT CONSTITUTIONAL COURT

The Slovak Republic has undergone a turbulent development from the establishment of independent statehood to the present time. The independent state was established on January 1st, 1993 following the peaceful dissolution of the Czech and Slovak Federal Republic. We can classify it among the states with a relatively young democracy. In this respect it is similar to several states in the Balkan peninsula. This article deals with the issue of divison of powers in the Slovak Republic (Slovakia) in the context of actual constitutional development in the area relating to the Constitutional Court. The main focus of the paper is an evaluation of the practical application of the constitutional powers of the president and parliament in Slovakia in relation to Constitutional Court appointments. The authors offer a critical analysis of recent constitutional developments in this area, pointing out specific constitutional issues relating to this topic. The second part article focuses on a critical analysis of the draft of a Constitutional Act directly amending the Constitution of the Slovak Republic, which was introduced and submitted to parliament in 2020, though, at the time of this writing, the fate of this amendment and its final wording is unknown. The aim of the constitutional amendment is to make changes in the judicial system, especially concerning election of judges for the Constitutional Court  and criteria for candidates for this cour

AMNESTY AND PARDON UNDER THE SLOVAK LAW AND THEIR UNIQUE STORY

The article analyses a unique phenomenon in the Slovak society - amnesty that has been abolished nearly twenty years later after it was granted and this procedure was confirmed by the highest authority that oversees constitutionality - the Constitutional Court of the Slovak Republic. The authors focus on the analysis of this phenomenon from a comparative law perspective and from the perspective of national constitutional and criminal law. An interesting and sadly amusing case when the amnesty granted by the deputy president was abolished twenty years later is apparently unique worldwide. The uniqueness of this case lies in several aspects which deserve a more detailed legal analysis. There is a limited number of cases worldwide when amnesties were abolished but these cases have always concerned either an amnesty related to a war conflict genocide or an amnesty related to a mass destruction of people for political reasons. This was not the case in Slovakia. In 1998, Vladimir Mečiar, holding the office of the prime minister and, at the same time, the deputy president, firstly granted amnesty in connection with the dismissal of the referendum on the direct election of the president and, in particular, in connection with the kidnapping of the son of the former President Michal Kovac. The case also featured an individual pardon granted by President Michal Kováč to his son on suspicion of economic crime. This is just the beginning of the story with very serious and far-reaching legal consequences

Conceptual and functional diversity of the ombudsman institution in Asia (comparative constitutional law analysis)

This paper deals with conceptual and functional diversity of the Ombudsman Institution in Asia from comparative constitutional point of view. The author analyses ombudsman institution in Asia. Characteristics and definiton of Ombudsman made by European legal doctrine and also by the International Bar Association resolution was used as an starting point to set certain criteria upon which Asian ombudsman institutions are subject to comparative anaysis. Final part throws light on the prospects and problems of models, establishment and functioning of ombudsman institutions in Asia

ADMISSIBILITY OF AN AGENT PROVOCATEUR AND AN ADVOCATE ACTING AS AN AGENT

The issue of an agent in criminal proceeding has been the topic of scientific discussion for several years in European countries as well as in the Slovak Republic. In particular, the topic of agent provocateur is constantly interesting and controversial in a view of its problematic practical implementation in relation to the national legal regulation of that institution, existing jurisprudence, including the practice of the European Court of Human Rights. This issue is worthy another discussion because there are many opinions that it intervenes into the fundamental rights of individuals and many lawyers point out that is not in compliance with the basic principles of the democratic state respecting rule of law. Theoretical aspects of the topic have caused its complicated way of application in the relation to respect towards the basic principles of the democratic state respecting rule of law By analyzing and comparing the domestic regulation, case law of domestic courts and the European Court of Human Rights the authors have ambition to suggest different views on problematic aspects of this institution, especially its form as agent provocateur. Special attention is dedicated to the question whether a lawyer, concretely advocate can act as an agent. The nature and purpose of all these institutions, including the question of legal entrapment, raising polemics dividing the society. The article does not aim to offer one satisfactory solution. The reason is, as the reader will have a chance maybe to come to the same idea, there are many different state approaches worldwide and especially in the States of the Council of Europe, which affected different ways of understanding of the Agent Provocateur, its role and purpose in the democratic state with rule of law. The authors´ intention is to seek arguments acceptable for both parties to the dispute