Changes to the Constitutional Arrangement of the National Council
Pravnik, Ljubljana 2023, Vol. 78 (140), Nos. 9-10
The National Council, Slovenia’s second parliamentary chamber, was created as a compromise of different ideas
during the formation of the Slovenian Consti- tution. This article traces the evolution of the idea of a bicameral parliamentary
system from the late 1980s of the 20th century to the beginning of the
1990s when this idea was embedded in the current Constitution through the draft
and proposal of the Constitution. The compromise reached during the draft- ing of the Constitution affected the law regulatory arrangement of the National
Council, leading to numerous practical
challenges. The aim of this article is to
explore the spectrum of potential
amendments to the constitutional regulation of the National
Council in several directions, spanning from abolition to trans-
formation and modification of the existing
regulation of the National Council. In the remaining part of the article, a change to the regulation of the procedure for reconsidering the law is presented
with the aim to bolster
the quality of the
adopted legislation. As a solution,
it is proposed that, instead
of voting on the
law again, which represents a pointless prolongation of the legislative proce-
dure, the arrangement de lege ferenda
enables a discussion of the disputed
pro- visions of the law and a decision
on possible changes
to the disputed part of the
law, thereby obviating unnecessary further procedures for amending the law.
Key words: National Council,
Constitution, second chamber, upper house, suspensive veto, reconsideration of
a law.