(Not only) market orders in a constitutional trap Cover Image

(Nejen) tržní řády v ústavní pasti
(Not only) market orders in a constitutional trap

Author(s): Stanislav Kadečka
Subject(s): Constitutional Law, Civil Law
Published by: Masarykova univerzita
Keywords: constitutional trap;Constitutional Court;

Summary/Abstract: The article points to the important (for law theory as well as praxis) problem of position of substatutory law in relation to the constitutionally guaranteed free­dom of business activities. The author mentions espe­cially the article 18 of the Trade Act and the article 26 of the Charter of Fundamental Rights and Freedoms. The article also describes as though new law situation - the article 10 of the Municipal Act, and the article 96 of the Protection of Public Health Act. The text is then concerned with some (in their conclusions) different findings of the Czech Constitutional Court and their consequences. Finally author of the text summa­rises and concludes that there is necessity of change of judicature of the Constitutional Court and presents two possible ways of this change.

  • Issue Year: 9/2001
  • Issue No: 1
  • Page Range: 19-23
  • Page Count: 5
  • Language: Czech