Ali in kdaj ima Ustavno sodišče zadnjo besedo

slovenian

2015

volume 41, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The position of the Constitutional Court of the Republic of Slovenia and its powers have been widely discussed to such an extent that the aim of this article is neither to repeat them or make a general synthesis, but to stress those characteristics of its decision-making that grant the Constitutional Court the final word. It can be claimed that the Constitutional Court has the final word in the constitutional legal order that it can transform into a dialogue when it deems it to be well founded with regard to further development of both the constitutional order and constitutional law. The Constitutional Court has the final word in the decided case, since there are no legal remedies against its decisions. In accordance with the rule of law, the Constitutional Court also has the final word regarding the obligation to implement the adopted decision. The Constitutional Court is more prepared to give up its final word regarding the substantial interpretation of constitutional norms since this can contribute to a further dialogue between courts and other bodies, strengthening the protection of constitutionally guaranteed values and rights.

19.01.2017