Publication details
Legislativní zvyklosti
| Title in English | Legislative (Drafting) Conventions |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | legislation;legal interpretation;normative text;textualism;legal methodology;qualitative legal research |
| Attached files | |
| Description | The article "Legislative (Drafting) Conventions" deals with the content and form of legislative conventions (drafting conventions). Drafting conventions are a special kind of legislative rules that have a certain meaning but at the same time, it is very difficult to identify their content different from other binding legislative rules (including legislative technique). Therefore, first, it is important to identify their common and distinct features with other law-making rules and to identify those that genuinely define drafting conventions. The article also focuses on methodology: the ways in which legislative conventions are identified and examined, including methodological problems that may be associated with it. Here it is necessary to emphasize especially the empirical legal methods (especially qualitative), because by using classical legal methods (doctrinal methodology), the legislative habits are difficult to examine. Next, the article is devoted to some examples of legislative habits found in the electronic library of the prepared legislation. These examples are not sufficient to representative and to provide the common features of legislative conventions, but they can help to orientate in this area and help to identify the general position of legislative habits in the legal system of the Czech Republic. |
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