Constitutional System and Human Rights

Right to referendum

Janez Pogorelecp. 3 abstract

Transformation of state administration

Matjaž Nahtigal p. 24 abstract

Why and how to repeal the unconstitutional presidential powers

Arne Marjan Mavčič p. 34 abstract

Right to equality and prohibition of discrimination

Rok Lampe p. 47 abstract

Evaluation as a field of science and its importance as quality in higher education

Liljana Brožič, Andrej Anžičp. 94 abstract

Establishment of post-war courts in Slovenia, and confiscation of religious property in the judicial processes against the clergy since 1945 in the Diocese of Lavant

Darko Ščavničarp. 116 abstract

On the origins and factors of democracy and self-government, especially on the role of religion and religious communities

Bojan Žalecp. 129 abstract

EU law and national law

Action for annulment within the EU judicial protection

Saša Peršoljap. 147 abstract

The relationship between human rights protection systems of the the Council of Europe, European Union and United Nations

Maja Tomaševičp. 183 abstract

The principle of mutual recognition within the EU as a bad ulitarian solution

Anže Erbežnik p. 205 abstract

The local government in Slovenia in the light of the European principles

Stane Vlajp. 225 abstract

Legal theory

Inferring the intention

Damiano Canale, Giovanni Tuzetp. 254 abstract

dr. Janez Pogorelec

Abstract

In his article the author outlines the significance, advantages and disadvantages of referendum and problems of our legislation. He argues against the understanding of the referendum as a human right, which has been ascertained by the Constitutional Court in its decisions, while it was weighing this »right« against other constitutional values. The author is convinced that a referendum should be above all understood as a way to exercise the constitutional principle of people's sovereignty, through which the nation decides on the enforcement of certain acts, therefore as a way of approving some of the most important decisions in the country. In the author's opinion, restrictions related to a referendum should be clearly stipulated in advance in the Constitution and should not be enforced casuistically and thus necessarily arbitrary. Through a detail analysis of the elements considered by the Constitutional Court upon confronting referendum to other constitutional values, the author has established that the doctrine of the Constitutional Court is rather groundless and has asked himself whether referendum as one of the forms to exercise people's sovereignty permits at all such intervention of the Constitutional Court in its decision making process.

Keywords

right to referendum, human rights, constitutional values, sovereignty.

dr. Matjaž Nahtigal

Abstract

An important element of the comprehensive social transformation is the state administration. Not only should the state administration be professional and selected on the most meritocratic criteria, it should also be capable of attracting the most talented and able people in the country. It represents one of the key areas in fostering a comprehensive economic and social transformation. Instead of a rigid, hierarchical state administration we need a highly professional, initiative, well paid and prestigious state administration as one of the pillars of economic and social development.

Keywords

knowledge-based society, institutional innovations, post-Fordism, modern and initiative state administration, decentralized strategic partnership between public and private sector.

dr. Arne Marjan Mavčič

Abstract

Powers of the Slovenian President of the State are determined by the Constitution. Furthermore, some powers are regulated by laws directly based on the Constitution. However, some other laws determine additional presidential powers independently from the Constitution, consequently without any constitutional basis. The unconstitutionality of such laws has been stressed many times. This article explains the core of the unconstitutionality of the above presidential powers and how such unconstitutional situation can be abolished.

Keywords

President of the State, powers, constitutionality of legal regulation.

dr. Rok Lampe

Abstract

The prohibition of discrimination is nowadays undoubtedly a crucial principle of international as well as european human rights law. Arising out of the international law, it was enacted into Slovenian Constitution as its fundamental rule. The aim of the article is to analyze legal framework of the right to equality and the
prohibition of discrimination in the international law, which is primarily based on the Covenant on Political rights and the Convention on elimination of All Forms of racial Discrimination. The second highlight of the article is on european Law, especially on the law and practice of the eCHr and primary and secondary le-
gal sources of the european union. The third part of the article is focused on the Slovenian antidiscrimination framework. Because the modern legal theory and trends in legal practice include also the prohibition of discrimination, the author analyses harassment and other related institutes, such as mobbing and sexual harassment.

Keywords

Prohibition of discrimination, right to equality, international human rights law, european human rights law, european union and antidiscrimination law, harassment, mobbing, positive discrimination, sexual harassment, reversed burden of proof.