Publication details
Svévole zákonodárce
| Authors | |
|---|---|
| Year of publication | 2016 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | The Constitutional Court uses the term the arbitrariness of the lawmaker. This term is used in the ruling of the Constitutional court by which the Constitutional court abolishes unconstitutional statutes. The arbitrariness of the lawmaker is considered by the Constitutional court to be a specific wrongful acting of lawmaker during the adoption of the statute. My point is to ask what are the consequences of the arbitrariness of the lawmaker for the arbitrarily adopted statute? If the direct consequence of arbitrariness was the unconstitutionality of the statute I have to ask why are not those statutes abolished ex tunc rather than ex nunc? And if the direct consequence of the arbitrariness is not the unconstitutionality of the arbitrarily adopted statute that what is the consequence of that arbitrariness? And when and why then the arbitrarily adopted statute becomes unconstitutional? Those questions are the subject of my contribution. |