Publication details
Golden Calf of Constitutionality
| Authors | |
|---|---|
| Year of publication | 2011 |
| Type | Article in Periodical |
| Magazine / Source | Journal on Legal and Economic Issues of Central Europe |
| MU Faculty or unit | |
| Citation | |
| Web | Web časopisu |
| Field | Law sciences |
| Keywords | Constitutionality |
| Description | The text focuses on the theory of the material gist of constitution as an above-constitutional and unchangeable quality in the constitutional law. The author rejects such a theory from both the religious and the democratic point of view. Law and constitution can have an above-constitutional base only in God as a transcendental quality. If the secularized democracy rejects such a base, it cannot be replaced with a material gist. Such a constitution does not have any other base than the required major consent of the people as a sovereign in democracy than enactment of a common statute however the constitution is enacted directly by the people or via the parliament. Change of the constitution is in the hands of the people and is determinated only by retaining the required procedure of the change and the concerned qualified majority. |