Journal of the Charles University Law Faculty
Terézia Lazarová
Author’s affiliation:
Constitutional Court of the Czech Republic
The Slovak Constitutional Court as an Overlooked Actor of Militant Democracy
Jurisprudence 4/2026 Section: Articles Page: 27-37
DOI: https://doi.org/10.71372/MADY6351
Keywords: militant democracy, constitutional adjudication, material core of the constitution, dissolution of political parties, protection of democracy
Abstract: The article addresses the position of the Slovak Constitutional Court as an actor of militant democracy. The author finds an explicit reference to the concept of militant democracy in only two decisions in the court’s case law, one of which was merely in the summary of the government’s submission. In both cases, the Slovak Constitutional Court proceeded rather cautiously. From doctrinal analysis of the decisions where the court worked with the concept of militant democracy implicitly, the author concludes that the Slovak Constitutional Court implicitly uses various instruments of militant democracy. Recent decisions of the Slovak Constitutional Court may indicate a shift from a passive to a more active role. At the same time, however, the article points to the procedural limits of the court’s role, since some constitutionally significant matters concerning militant democracy may never reach it.
