Proposal to amend Article 3 of the Constitution of the Republic of Slovenia
Based on the draft of the New Constitution of the Republic of Slovenia, which I drafted in 2021 and which I am gradually updating. Even if nobody is the least…
Can Law Be (almost) Poetry?
Written and spoken words are not intended to fill a gap. Filling a gap is a crime against the gap. An empty space can have a strong message value. The…
A Populist Monster and the future of Constitutional Democracy
Abstract: The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their…
Unconstitutional Constitutional Amendment Doctrine: On Why It Should Be Acceptable for Constitutional Courts in the Council of Europe Member States – and in Slovenia
Abstract The doctrine of an unconstitutional constitutional amendment is considered a special, controversial topic of constitutional law theory. In recent years, several books have been written and published on this…
Political alternatives for constitutional democracy: between utopia, pandemic and dystopia
Open Political Science | Volume 4: Issue 1 Political alternatives for constitutional democracy: between utopia, pandemic and dystopia Andraž Teršek 1 1 Faculty of Education & Faculty of Humanities, University…
An essay on three constitutionally important questions
In this short essay, I will do three things. Firstly, I will repeat the constitutional interpretation of the central and therefore very important constitutional concept, which has already been repeated…
Essay on “constitutional democracy”
Introduction It is worth repeating this at the beginning. Social-liberal constitutional democracy is based on fundamental principles and rules, which are moral and normative in nature and therefore represent a…
Just a bis note – or a small note to Aristotle, or to Hannah Arendt, and – the “alphabet of politics”
Trigger: the reading of some Internet "verbiage." When politicians and passionate, thoughtless daily-political "fans" mention the word "trust" in daily politics, this is - in view of the characteristics of…
Constitutional grammar: An amendment to the Constitutional text may be an unconstitutional constitutional act, and the Constitutional Court is “competent” to review the constitutionality of legal acts of constitutional rank
Assoc. prof. dr. Andraž Teršek THE STATE OF AFFAIRS Everything I do, or not do, regarding the law and communicating the law in public, is founded with the best possible…
A critique of Wrong Constitutional Teaching Regarding the Concept of “Sovereignty of the People” and the Prevailing Model of Constitutional Democracies in Europe
Foundational Model of Constitutional Democracy ArticlesJune 18, 2020 Introduction Models of constitutional democracy do matter! By “models” I especially refer to the distinction between monistic, dualistic and foundational models of…