In the system of separation of powers the judicial branch performs control and coordination of all three branches of authority all under the principle of checks and balances. In the Slovenian constitutional system this function is being carried by the Constitutional Court of The Republic of Slovenia, which has a comparatively very wide competences. In addition to those already envisaged in the Constitution some others competences have been introduced by the Constitutional Court itself. The so-called innovative techniques of decision-making also include interpretative decision, which is used when revocation or withdrawal is not an option. In this manner, the text remains intact, but only the interpretation made by Constitutional court is binding and directly applicable. It may be view as an instrument to bypass the intent of the legislature, and ultimately breach the constitutional principle of the separation of powers.
The first part of the thesis presents the historical development of the idea of separation of powers and the placement of the Constitutional Court in the Slovenian system. To facilitate the understanding, certain aspect are shown from the historical, political and comparative perspective.
The central part occupies a detailed breakdown of interpretative decisions, overview of their effects and the general placement in the system operation of the Constitutional Court. Specially elaborated are decisions involving the legislative branch, that is, National Assembly of the Republic of Slovenia, taken into consideration some well-known cases of Constitutional Court.
The last part of the thesis is devoted to the relationship between law and politics, enshrining concepts such as negative / positive legislature and placement of interpretative decision in a broader spectrum of activity of the Constitutional Court, in particular as regards his activism and other ways in which the Constitutional Court enters the field of the legislator.
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