Some Thoughts on Respecting the Constitution and Acting in Conformity with it in our Everyday Life
Pravnik, Ljubljana 2024, Vol. 79 (141), Nos. 1-2
The author emphasises the foundational elements
of the constitutional order,
among them human rights, human dignity, and fundamental constitutional
principles. These elements
impose obligations on every person
and the bearers of different branches of the state
power. People are aware of the human
rights they are entitled to, but they have to exercise them responsibly and with respect
for human rights
and human dignity
of every other
person. The bearers
of the state power must
remain acutely aware, besides to above, of the significance and mission of
their office in the system of state power. The constitutionally determined
competences that they have to exercise in conformity with the con- stitutional order are their constitutional duties.
The principle of the separation of powers forbids any branches of power from omitting its own constitutional functions. When state institutions, including the legislator, disregard
decisions of the courts and the Constitutional Court, they undermine the
very founda- tions of the constitutional order.
Therefore, the legislator and the government have to respond to every
single decision of the Constitutional Court which establishes unconstitutionality of a statute
provisions within the period deter- mined by the Constitutional Court that the unconstitutionality be remedied on time
and the human rights of the addressees of legal provisions be protected.
Key words: human rights,
fundamental constitutional principles, the rule of law, the principle of the separation of powers, constitutional duties of the bearers of state powers, respect for decisions of the Constitutional Court.