Vliv Ústavního soudu a obecných soudů na tvorbu práva v ČR.

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Title in English Impact of the Constitutional Court and the ordinary courts on the law-making in the Czech Republic
Authors

FILIP Jan

Year of publication 2007
Type Article in Proceedings
Conference Tvorba práva v České republice po vstupu do Evropské unie
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords Law-making theory and courts; powers of legislative bodies; legislative procedure; content of the legal enactments; formal requirements on the legislation; court ruling and the legislation
Description Study tries to demonstrate significance courts (especially of the Constitutional court) as a relevant agents at moulding the legislative culture. Some court rulings are a mean for the development of law culture and legislative techniques. Author analyses rulings of the Czech courts 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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