The Constitutional Court of the Republic of Slovenia as a Defender of Human Dignity Cover Image

Ustavno sodišče Republike Slovenije kot varuh človekovega dostojanstva
The Constitutional Court of the Republic of Slovenia as a Defender of Human Dignity

Author(s): Boštjan Kolarič
Subject(s): History of Law, Constitutional Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Transformation Period (1990 - 2010), History of Communism, Court case
Published by: Študijski center za narodno spravo
Keywords: human dignity; Basic Constitutional Charter on the Sovereignty and Independence of the Republic of Slovenia; Constitutional Court of the Republic of Slovenia; court decisions and separate opinions of

Summary/Abstract: Human dignity and the protection of human rights and fundamental freedoms represent the core values of the Republic of Slovenia, thus distancing it from the SFRY, which did not respect the principles of the rule of law and severely violated human rights. In its initial period of operation, the Constitutional Court of the Republic of Slovenia also gave its opinion on the previous regime and its violations of human rights and fundamental freedoms, which was greatly influenced by the judge of the Constitutional Court dr. Lovro Šturm. In many of its court decisions and separate opinions, the Court found that the forms of violence carried out by the communist totalitarian regime in the Slovenian territory were unlawful, since the legislation was illegitimate, and most of it was adopted and used as a means for the violence and carrying out of the communist revolution and the establishment of the totalitarian regime. Furthermore, the judiciary was politically used and misused as assistance in the carrying out and maintaining of the revolution until the fall of the communist totalitarian regime in 1990.

  • Issue Year: 3/2019
  • Issue No: 1
  • Page Range: 173-194
  • Page Count: 22
  • Language: Slovenian