Rule of Law Minimalism and the Fear of ‘Politics’ : the slovak constitutional court amidst the Illiberal surge

Steuer, Max (2025) Rule of Law Minimalism and the Fear of ‘Politics’ : the slovak constitutional court amidst the Illiberal surge. International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique. ISSN 0952-8059

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Abstract

After the defeat of the semi-authoritarian majority in 1998, Slovakia seemed to move towards a fragile, aspirational consensus on the significance of the rule of law. Since the victory of illiberal parties in the 2023 elections, constitutional value decline accelerates. The Constitution of Slovakia entrusts the Slovak Constitutional Court to guard these values. Against this backdrop, this article contributes to understanding the Slovak Constitutional Court’s performance amidst the post-2023 illiberal surge as an important case for understanding the societal potential and role of constitutional courts. Its theoretical underpinnings depart from recognizing the political character of constitutional adjudication in a broader sense as public institutional action responsible for advancing the rule of law beyond minimalism, coupled with the discursive resistance to the ‘language of politics’ by constitutional courts. The article identifies key representations of ‘politics’ in the 2024 Slovak Constitutional Court decision on the amendments to criminal law, and in public reflections of this judgment, which concerned a flagship intervention by the illiberal executive. The analysis shows that the Slovak Constitutional Court was at pains to present the image of not only a non-partisan, but even an apolitical body, thus trying to escape from the inevitably political nature of constitutional adjudication. This image generated by the Slovak Constitutional Court risks to deepen the disconnect between narrower notions of legality on the one hand and broader ideas of constitutionalism and the rule of law on the other. It also complicates the avenues for constitutional courts to challenge practices that undermine constitutional values.

Item Type: Article
Keywords: Illiberalism | Constitutional courts | Rule of law | Legislative process | Law and politics | Slovakia
Subjects: Social Sciences and humanities > Arts and Humanities > History and Philosophy of Science
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > Law and Legal Studies
Social Sciences and humanities > Social Sciences > Political Science
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 21 Aug 2025 13:48
Last Modified: 21 Aug 2025 13:48
Official URL: https://doi.org/10.1007/s11196-025-10341-5
URI: https://pure.jgu.edu.in/id/eprint/10017

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