Legislativní technika a judikatura Ústavního soudu
Title in English | Legislative technique and the practice of the Czech Constitutional Court |
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Authors | |
Year of publication | 2005 |
Type | Article in Periodical |
Magazine / Source | Časopis pro právní vědu a praxi |
MU Faculty or unit | |
Citation | |
Field | Law sciences |
Keywords | law-making theory and constitutional courts; powers of legislative bodies; legislative procedure; content of the legal enactments; formal requirements on the legislation |
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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