Ústavní soud a problémy legislativy v České republice

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Title in English Constitutional Court and problems of theory of law-making in the Czech Republic
Authors

FILIP Jan

Year of publication 2005
Type Article in Proceedings
Conference Otázky tvorby práva v eské republice, Polské republice a Slovenské republice : sborník píspvk z mezinárodního vdeckého sympozia "Aktuální otázky tvorby práva v eské republice, Polské republice a Slovenské republice" : Praha, 29.-30.11.2004
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords theory of legislation; ruling of the Constitutional court; legislative procedure; amendment of law; legislative technique
Description Study tries to demonstrate significance of the Constitutional court not only as an organ of the state entrusted with verification of constitutionality, but also as a relevant agent at moulding the legislative culture v CR (praeceptor iuris). Some its rulings are at the same time sources of law, but every one serves as a mean for the development of law culture and legislative techniques. Author analyses rulings of the Czech Constitutional court from years 1993 2005 in respect of theory of legislation. Concretely he deals with questions of law-making, competence to issue legal regulations and enactments, legislative procedures, conception of the Constitutional court as a negative legislator, with constitutionally conform interpretation, with conception of legal enactments or individual provisions of thereof, with consequences of annulment of revised statutes, with publication of law etc.
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