Effectiveness of the principle of direct application of constitution: in theory and judicial practice

The aim of the speech is to present the principle of direct application of Constitution: a content, a meaning and an evolution. We distinguish three stages in the formation of the effectiveness of this principle. First – the courts expressed their reserve towards the direct application of the constitution. The second – the courts became involved in the process of applying the constitution by bringing legal questions to the Constitutional Court. The third stage is an active and independent application of the constitution by the courts. This state of affairs is the result of the loss of the Constitutional Court's ability to perform its protective function due to, among other things, the long waiting period for a judgment or the avoidance of substantive resolution of constitutional problems. The Court was the “laboratory” of constitutional thought and constitutional theory, while the Constitution had an almost biblical dimension.