Publication details
Je zákonodárce vázán materiálními prameny práva? Případ zákonodárné nečinnosti
| Title in English | Is the Lawmaker Bound by Natural Sources of Law? The Case of Lawmaker´s Inactivity |
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| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.5817/CPVP2017-2-9 |
| Field | Law sciences |
| Keywords | Lawmaker; legislation; inactivity; Constitutional Court; natural source of law; formal source of law; actualism; evolutionary interpretation; unconstitutional. |
| Attached files | |
| Description | By the concept of natural sources of law are meant all of the facts and circumstances that caused that the existing law is what it is. They are causes of the content of the law. For example the natural source of law can be the state of the society or the state of the political regime; social traditions or customs; the culture; aviable technology; current state of the economy and so on. In the lawmaking practise all of those facts and circumstances occurring in the society serves as the inspiration for the legislative activity and also as the indicator of merits that could be or should be regulated by the law. However is it possible to say that those facts and circumstances are not just inspiration for a lawmaker´s activity, but also that they can be bounding for the lawmaking aktivity? By the analysis of the specific legal case I am trying to demonstrate, that the lawmaker is bound by natural sources of law. Also, I am explaining which natural sources of law are bounding for the lawmaking activity, how the lawmaker can be bound by them and what happens when the lawmaker does not respect those natural sources of law. |
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