Publication details
Svévole zákonodárce aneb kdy vzniká neústavnost zákona?
| Title in English | The Arbitrariness of Lawmaker or when the Unconstitutionality of the Law Origines? |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Arbitrariness; Legislator; Legislation; Legal Statute; Constitutional Court; Constitutional Review; Abolition of the Law; Unconstitutionality; Protounconstitutionality. |
| Attached files | |
| Description | The Constitutional Court uses the term „arbitrary legislator“ while abolishing certain legal statutes. This term designates a specific mistake that the legislator made during the creation of the statute. How the arbitrariness affects such legal statute? If the effect is that the statute is unconstitutional since the very beginning of its existence, why the abolition of the statute does not take effect ex tunc but rather ex nunc? And if the legal statute is not unconstitutional since the very beginning of its existence, when and why the unconstitutionality origins? |