Publication details
Rušení právních předpisů jako (staro)nový prvek ve správním soudnictví
| Title in English | The Annulment of the Legislation as a Means to Reverting to the Old Approach in Administrative Justice |
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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 |
| Field | Law sciences |
| Keywords | Legislation; the Law; Change of the Competence; Review of the Legality; Review of the Constitutionality |
| Attached files | |
| Description | The present contribution refers to the article no. 87 of the Constitution of the Czech Republic which governs the possibility to delegate jurisdiction to annul legal enactments other than statutes or individual provisions thereof if they are inconsistent with a statute to the Supreme Administrative Court instead of the Consti¬tutional Court. On the one hand, the change of this competence can complete the assumption of a fully in¬dependent administrative justice with the nature and functions of complex control of public administration. On the other hand, it faces problems in the way of setting the mechanism of review of the legality and the constitutionality by of both judicial institutions. The aim is to discuss about the implications that such a change would bring. This paper focuses on conflicts of competence between courts in reviewing of the legality by the Supreme Administrative Court and in reviewing the constitutionality by the Constitutional Court in relation to the same legal regulation. |