Law-Making: "The Game Without Frontiers" Again? Cover Image

Zákonodárství: opět "hra bez hranic"?
Law-Making: "The Game Without Frontiers" Again?

Author(s): Kateřina Šimáčková, Pavel Molek
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: Law-Making;Parliament;

Summary/Abstract: At first sight, it might be assumed that if the concept of the division of power and self-restraint of the holders of its parts has been evolving for about three hundred years since Montesquico and Locke, it should indeed be ingrained in the consciousness of individuals and churches exercising other powers, even if they feel that such an attraction of power is justified by greater wisdom or greater closeness to the people. The following article is based on the finding that this is not always the case and that, especially in our Parliament, certain reminiscences still survive to ancient times, when the success of democracy was the fact that power was exercised not only by the monarch but also by elected representatives; or for less ancient times the so-called government of the assembly. Due to these reminiscences, a law is sometimes adopted dealing with an area that does not fall within the competence of the legislature at all, or even a law that raises doubts about its normative nature and refers more to the principle of purpose.

  • Issue Year: 12/2004
  • Issue No: 2
  • Page Range: 122-127
  • Page Count: 6
  • Language: Czech