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5 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

5 Nikodým D.

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NÁRODNÁ RADA SLOVENSKEJ REPUBLIKY V PARLAMENTNEJ FORME VLÁDY

100%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2015

tom 98

nr 6

571 - 589

The author refers to the development of the political scene since 1989 to these days. Regular rotation of coherent poliltical partes in theNational Council has not been apparent in individual electoral terms; many of them have even shown signs of fragmentation. In the current electoral term the left-wing party is homogenous, while the righ-wing parties are fragmented. The author refers to problems of the electoral sytem, which does not guarantee an adequate representation of candidates from different regions in the electorial district. He recommends considering the adoption of a mixed electoral system or the establishment of the second, regional chamber of parliament. He refers also to the functioning of the political system in democratic foreign countries, taking into account the classification of democratic regimes, which are applied in conditions of competitive democracy or its antipole - consociational democracy. Further, the author addresses the issue of weakness in the legal regulation of referendum in terms of its legal effects, participation of interst groups in the law-making and participation of citizens in elections and makes suggestions for treatment of de lege ferenda.

ÚSTAVNOPRÁVNE POSTAVENIE PREZIDENTA V ÚSTAVE SLOVENSKEJ REPUBLIKY

100%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2012

tom 95

nr 5

418 – 431

Over the period of twenty years the Constitution of the Slovak Republic underwent extensive changes, which manifested themselves among the others in the constitutional position of the President. The author points out problems that influenced the division of power in the relationship of the head of the State to the parliament, the government and the judiciary. The Constitution of the Slovak Republic No. 460/1992 Coll. showed several conceptual deficiencies that were not adequate to the parliamentary form of government and the others that required specification to avoid problems with its application. The amendments of the constitution from the years 1998 – 2010 were implemented in order to remove these deficiencies. The author also offers some suggestions de lege constitutione for the purpose of legal regulation of the competences of the President in his neutral position. The author regards as inappropriate the amendment of the constitution through the Constitutional Act No. 356/2011 Coll. which provides that in case of loss of trust in national government the President may grant the prior consent to some of the competences entrusted with the national government until the appointment of a new government.

DRUHÁ KOMORA PARLAMENTU

100%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2011

tom 94

nr 6

531 – 544

In the legal theory and practice we often encounter weaknesses that are attributed to the law-making. For the purposes of the improvement of parliamentary powers as a system solution, the introduction of bicameralism into legislation can be considered. A two-chamber system in plural democracy can contribute to the balancing of interests that may be competitive or conflicting, which can be observed in the regional policy as well. For the Slovak Republic as a unitary state, it is suitable to consider the setting up of the second chamber of a regional type. The regional and territorial development requires the mitigation of regional disparities. The second chamber can also contribute to the prevention of inflation in the law-making and insufficiently elaborated draft legislation. In the mutual relations of the chambers the method of settlement of disputes is important. The relations between chambers are also affected by the political composition. If it is more or less single-party, the importance of the second chamber may decline. It is assumed that elections in the individual chambers will take place at different dates. The application of a majority election system in the regional chamber is suggested to allow higher-tier territorial unites to exert an influence on the election of candidates. The possibility of candidature without membership in a political party is opening up.

ÚSTAVNÁ LEGISLATÍVA A OTVORENÉ PROBLÉMY

100%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2014

tom 97

nr 6

555 – 562

The author points to some open problems of constitutional legislation and focuses on novels which are breaking the Constitution in that way that they have no support in the Constitution, further on novels which are infringing the material core of the Constitution and those which disturb compatibility of constitutional order and dominant position of the Constitution. He concludes by de lege constitutione proposals.

PÔSOBNOSŤ PREZIDENTA V PARLAMENTNEJ FORME VLÁDY

100%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2013

tom 96

nr 6

582 – 596

The author compares individual republic forms of government and examines the position of President of the Slovak Republic within a parliamentary form of government. He points out to amendments of the constitution since its adoption in 1992, which seem to be adequate in a parliamentary form of government. The author´s criticism aims at the provisions of Article 115 of the Constitution, as amended by the Constitutional Act 356/2011. This amendment has affected the dualism of executive power which is typical for a parliamentary form of government. It constitutes an excessive limitation of powers of the government in case of loss of trust, expression of distrust. Moreover, certain acts of the government are made conditional upon previous approval of the President. Suggestions de lege constitutione for amendment of competences of the President as neutral constitutional actor are made. The author points out to the problems in the application of acts of the creative right of the President, which enter the division of power. Long-term constitutional customs, which supplement the constitutional practice in accordance with a parliamentary form of government, also play an important role in the exercise of powers by the President and other constitutional bodies.