Publication details

Senátoři a iniciace ústavního přezkumu zákonů

Title in English Senators and initiation of judicial review of legislation


Year of publication 2016
Type Article in Periodical
Magazine / Source MUNI LAW Working Papers
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords Senate; Senators; Constitutional Review; Judicialization of Politics; Bicameral Parliaments
Description Parliamentary politicians are often entitled to initiate constitutional review of legislation. Scholarship studying relations between members of the parliament and constitutional courts usually emphasizes the distinction between governmental and oppositional politicians. However, existing scholarship neglects the bicameral structure of many parliaments and only rarely refers to differences between deputies and senators in using constitutional review. The aim of this paper is to fill this gap and, using the case of the Czech Parliament, answer whether there is a difference in initiating constitutional review of legislation by deputies, and by senators. Thus, I examine all the petitions proposing annulment of a statute filed by groups of deputies or senators between 1992/1993 and 2013 and concentrate on developments in time and on thematic focus of those petitions.

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