Publication details

Legislativní odpovědnost zákonodárce

Title in English The Legislative Responsibility of Lawmaker
Authors

KOKEŠOVÁ Jana

Year of publication 2017
Type Appeared in Conference without Proceedings
Citation
Description The recent democratic legal state has to meet the requirements of legal certainty of individuals. One of the postulates of legal certainty is the creation of good law – which means at least the law that is not unconstitutional. But what if the law is not good? Who is responsible for that? And what is the content of this responsibility? In current legal science and practice prevails the opinion according to which the responsible entity is Parliament which has got so-called political responsibility. Legal responsibility or responsibility for compensation of legislative damages is not an obligatory component of the legislative responsibility. The aim of this contribution is to suggest a alternative approach to the concept of responsibility for legislative activity. That means (A) to indicate responsible entities; (B) to characterize their responsibility and (C) to draw up the theoretical course that can could contribute to the justification of the thesis that the state is obligated to compensate the legislative damages.
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