Publication details
Statutory Drafting as a Part of Constitutionalism
| Authors | |
|---|---|
| Year of publication | 2018 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The process of creation of law (or the process of statutory drafting) has irreplaceable position in legal practice and belongs to the most important issues of legal theory. This process bears all possible conditions of legal identity of any national legal system. This process is also inseparable part of constitutional law and inherent part of the Rule of law. To know this process means to know the legal identity and understand the context where the laws are established. This process represents coherent system of traditions, disciplines and identities – and these parts are reproduced to the national legal system and reproduces particular legal culture. The proposed paper focuses on cultural determination on the process of law creation in the Czech Republic. Paper emphases the process of “real” creation outside the Parliament: it is part of the constitutional regulation but - at the same time – outside it. Today´s challenges to liberalism are facing to new forms of lobbying, decline of the knowledge and unending pressure on exceptions and efforts to establish (instead the rule of law) the rule of “firm hand”. The capital (Bourdieu) or discipline (Foucault) of the “empirical lawmakers” (person who really write the draft of a statute) and real influences on their work are still outside the targets of any research in the Czech Republic. However, in these expert forms of knowledge can be the key to understanding challenges to constitutionalism. |
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