The New Constitutional Framework for Early Elections: Between Referendum and Parliamentary Resolution

Abstract

The article examines the intensely debated issue of shortening the term of the National Council of the Slovak Republic, a topic that gained prominence in recent political discourse. It compares two mechanisms that were at the center of public and expert debate – a referendum and a parliamentary resolution. The analysis is based on the wording of Constitutional Act No. 24/2023 Coll. and the relevant case law of the Constitutional Court of the Slovak Republic (particularly the judgment under file no. PL. ÚS 7/2021 of 7 July 2021). Special attention is devoted to the practical consequences and risks of misuse of these instruments, particularly the referendum, in a polarized society. In conclusion, the author evaluates both mechanisms in terms of their impact on the legitimacy and effectiveness of the constitutional system.