The position of the Constitutional Court of the Slovak Republic (hereafter “Constitutional Court”) as a positive legislator has been widely influenced by two factors. The first is the fact that Slovakia had only fractional practical experience with constitutional judiciary, and furthermore only within the common state with the Czechs.

The first experience dates back to the period of the establishment of the first Czechoslovak Republic between the two world wars, when the Constitutional Court was created on the basis of the Constitution of Czechoslovakia of 1920, which was strongly influenced by Hans Kelsen's theory. It has been one of the first practical experiments that came from this doctrine, and it is also an exemplary illustration of the fact that practical realization of a theoretical construction can be scholastic in practice. The factual activity of this court had only marginal effect on the state's constitutional life. The second attempt was the establishment of the Constitutional Court of the Czechoslovak Socialist Republic. This court was incorporated into the Constitution of a totalitarian state within the time of political warming, the so-called Prague Spring, in 1968–69. The failure of the experiment of socialism with a human face was also the gravedigger of the actual founding of this constitutional court. At last, in the third attempt, the Constitutional Court of the Czech and Slovak Federal Republic was created in 1992 after the fall of the totalitarian regime.