The arbitrariness of lawmaker  or when the unconstitutionality of the law origines? Cover Image

Svévole zákonodárce aneb kdy vzniká neústavnost zákona?
The arbitrariness of lawmaker or when the unconstitutionality of the law origines?

Author(s): Helena Kokešová
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Univerzita Palackého v Olomouci
Keywords: Arbitrariness; Legislator; Legislation; Legal Statute; Constitutional CourConstitutional Review;Abolition of the Law;Unconstitutionality;Protounconstitutionality

Summary/Abstract: The Constitutional Court uses the term „arbitrary legislator“ while abolishing certain legal statutes. This term designates a specific mistake that the legislator made during the creation of the statute. How the arbitrariness affects such legal statute? If the effect is that the statute is unconstitutional since the very beginning of its existence, why the abolition of the statute does not take effect ex tunc but rather ex nunc? And if the legal statute is not unconstitutional since the very beginning of its existence, when and why the unconstituonality origines?

  • Issue Year: 12/2017
  • Issue No: 2
  • Page Range: 85-93
  • Page Count: 9
  • Language: Czech