What does the Constitutional Oath that I will “Act According to my Conscience” Mean?

Pravnik, Ljubljana 2021, Vol. 76 (138), Nos. 5-6

In the text, which is a transcript of his speech on the day of constitutionality on 16 December 2021 at the Constitutional Court of the Republic of Slovenia in Ljubljana, the author explains how it came for the conscience to appear in the Slovenian Constitution. Human as a person, as the bearer of his/her personal dignity, is not subordinate to either the State or the Church. Apart from our conscience, we are not originally committed to anything else. Only at the level of mutual relations or relations with the community, formulated at the state level by the Constitution, a person is bound by (ethical) values and legal (norms). In the 1988 "Writers’ Constitution”, the author included in the preamble the sanctity of life, human dignity, fundamental human rights and civil liberties; the text also speaks of freedom and conscientious objection, but there is no oath of conscience. This was the case in the "Demos Constitution” of March 1990. In its Article 100, the "Podvin Constitution” of August 1990 al- ready contains the oath of the President of the Republic and with it the text on conscience, which the author established through confrontations with other members of the working group, i.e.: "I will always work according to my con- science”. In the current Constitution of the Republic of Slovenia, such oath is contained in Article 104.

Key words: conscience, oath, Roman Catholic Church, Constitution, Demos, state, Slovenia.

Spletno naročilo edicije: Številka 5-6/2021

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