Právní akty svévolného zákonodárce
What is the willfullness of the lawmaker and what are its consequences? The ambition of my contribution is not to come up with one complex answer to that question, but rather to outline the ways through which we can reach some satisfactory answers. This paper is based on the judicature of the Consti...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | ces |
| Published: |
Masaryk University, Brno
2015-07-01
|
| Series: | Časopis pro Právní Vědu a Praxi |
| Online Access: | https://journals.muni.cz/cpvp/article/view/5315 |
| Summary: | What is the willfullness of the lawmaker and what are its consequences? The ambition of my contribution is not to come up with one complex answer to that question, but rather to outline the ways through which we can reach some satisfactory answers. This paper is based on the judicature of the Constitutional Court, because it draws a certain picture of the willfullness of the lawmaker on one hand, but adheres only to a two-level value evaluation of specific cases on the other: are they / are they not found to be the result of willfullness of the lawmaker.
To maintain a solid evidence base case of the judicature, but at the same time not to being hampered by its bipolarity, I choose the following procedure. First, I define willfullness of the lawmaker. Then I try to generalize the cases in which the Constitutional Court finds the willfullness of the lawmaker. Only then am I developing my reasoning about how the willfullness of the lawmaker manifested in the act of law, and what possible consequences may this willfullness implicate for it. |
|---|---|
| ISSN: | 1210-9126 1805-2789 |