Neústavní nečinnost zákonodárce
Unconstitutional Inactivity of the Legislator

Summary/Abstract: The aim of this article is to justify why the legislator commits unconstitutional inactivity if he does not react to fundamental changes in society and does not update the existing legislation according to them. The legislator´s obligation is defined based on the premise according to which the legislator is not the sole lawmaker but just co‑creator. The law arises only after the interpretation of the statutes by subjects of public power. Therefore the statute is the mean of the transmission of the message between the author of the legal text (the legislator) and its interprets (subjects of public power). That means that the law‑making process is the communication and it is, as well as any other communication, determined by the context of the communication. From the context and its content and function could be derived the obligation of the legislator to respond to changes of circumstances.

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