Overcoming legal formalism and the protection of the Slovak Republic Constitutionalism

The principles are considered the basic ones as they constitute the contradistinguished component-part between the lawful state and another state establishment. However, it would be naive to think and to rely on the reality that the only creation of the basic principles is sufficient for the further legal state “life”. Therefore, it is needful to implement the legal state principles into the everyday decision-making activities of the public power bodies, and at the same time to maximize the safeguarding of their protection while refusing the exclusive authority of lawmaker. None of the modern constitutions is value neutral, on the other hand there are based on the relatively complex value system that are appreciated and respected by the state and safeguards their protection by means of the public power bodies. However, the protection of the most fundamental values is important, and it must be maximal, but it cannot be hampered by the strict following of the legal norms. The protection of the democratic society and the lawful state requires the rejection of pretentious legal formalism and grammatical dogmatism. The purpose of the legal norm within the context of the protection of the lawful state basic principles must become mainly the source of every procedure. Concerning, the doing away with the legal formalism was evident in the Slovak Republic when the Slovak Republic Constitution Court declared that the constitution act is not in compliance with the constitutionality protection interest. The judge-made decision was justified by the reference to the created constitution substantial cornerstone and the necessity to give priority of the substantive lawful state instead of the legally formal state. That’s why, the Slovak Republic Constitution Court as the independent protector of the constitutionality might apply their powers in cases of the extreme encroachment. In this way, the Constitution Court would declare the protection of the fundamental base of the Constitution, the so-called Constitution core, even in cases when their powers would not be expressly declared by the legal regulations, eventually if they have to investigate the accordance of the constitution laws with the Constitution. Such an extreme infringement of the so-called material focus of the Constitution can be considered to be the intensive, respectively the gradual changes of the Slovak Republic character and its diversion from the democratic and lawful state.