As the guardian of constitutionality and legality, the Constitutional Court is an important part of any modern legal system. As the highest judicial authority for the protection of constitutionality and legality, as well as human rights and fundamental freedoms, it is an important stakeholder in the development of the legal order as a whole, and it plays a particularly important role in the field of criminal law, of which the minor offence law is a close part. The decisions of the Constitutional Court go beyond their relevance in specific cases and have a significant impact on the daily lives of individuals.
This Master’s thesis examines the role and influence of the Constitutional Court on Slovenian minor offence law, as a particularly interesting type of law that combines elements of administrative and criminal procedure. The present thesis is designed as a theoretical-practical thesis with a greater emphasis on the practical part. The introductory part defines the basic features of Slovenian minor offence law and constitutional jurisprudence, while the key – practical – part presents the most important constitutional jurisprudence in the chosen field. In this respect, the decisions by which the Constitutional Court has changed the understanding of the minor offence law and outlined guidelines for its further development are presented. In doing so, I assess the adequacy of the current legislative regime and the development of constitutional jurisprudence, and try to identify possible weaknesses that should be changed.
|
