Publication details
Legislativní újma jako předmět politické odpovědnosti
| Title in English | Legislative harm as a subject of political responsibility |
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| Authors | |
| Year of publication | 2017 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | The Czech courts constantly deny liability for damage caused by rule-making (so-called legislative damage). Different arguments are used, but the argument of (primarily) political accountability for rule-making seems to be the most important in the case law of the Czech Constitutional Court. However, this argument is problematic for several reasons. In the first place, political accountability is not a substitute for legal responsibility, both on a theoretical level and on a practical level. However, the argument of political accountability is not an argument that would categorically exclude legal responsibility. Its purpose is rather to limit this responsibility to some cases. However, this could also be achieved in a more legally relevant and predictable way. The article then attempts to approach these aspects. |