Publication details
Výzvy výzkumu tvorby práva
| Title in English | Challenges of law-making research |
|---|---|
| Authors | |
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Správní právo |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | legislation;law-making;sociology of law;statutory drafting;methodology of legal research |
| Description | The article "Challenges of law-making research" deals with the possibilities of empirical and legal examination of the administrative phases of law-making, especially the writing (drafting) bills. It focuses on selected aspects of writing, the nature of drafting and the reasons that justify a more in-depth knowledge of this area. The starting point of the text is the possibility of using intentionalist interpretation and materials that can be used in this context. To do this, however, it is necessary to identify the standards that accompany the administrative phase of law-making. Even though legislation is the dominant part of the mechanism of legal regulation, undue attention is paid to the administrative stages of its creation. The article, therefore, shows the nature of this activity and the problems that accompany it not only in practice but also in the theoretical definition and tries to draw the desired attention to it. |
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