Publication details
Ústavní soud a reprezentace lidu: abduktivní inference
| Title in English | Constitutional Court and the Representation of the People: Abductive Inference |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Constitutional Court; legislature; preferences; representation; interpretation; interpretative community. |
| Attached files | |
| Description | The will of the people expressed in the elections is to legitimate the parliament for its work, but the content of the laws does not necessarily match the will of the people since the parliament is not a perfect representation of the people. This gap can be filled by the law-applying authority, which can gain information about the people from authority´s own sources and add it into the law by the process of interpretation. This article argues that this is exactly what the Constitutional Court does. It enriches the laws by new information, and thus not only completes the law, but co-creates it. The sources of information to which the Court has access are of a dual nature. Firstly, the source are parties to the proceedings who express their personal preferences (related to their own lives). The adoption of laws in Parliament is mainly based on external preferences (about the lives of other people) or on a conglomerate of both. Personal preferences thus could be exogenous information brought to the legal order by the Court. Another source are judges of the Constitutional Court, who brings know-how. However, the know-how itself is not always enough. Sometimes the judge has to eventually work with other exogenous elements such as moral judgments, expectations or political ideologies to decide the case. |
| Related projects: |