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Changes of Circumstances as the Source of Legislator´s Obligations



Druh Vyžádané přednášky
Fakulta / Pracoviště MU

Právnická fakulta

Popis Is the legislator obliged to respond to changes in circumstances by his legislative activity? It must be added that by the legislator I do not mean just a single member of the Parliament but rather the whole legislating institution. Legislator´s obligation to respond to changes of circumstances is defined based on analyses of the law-making process and the premise according to which the legislator is not the sole lawmaker but rather a co-creator of the law. The law arises only after the interpretation of legal statutes while the interpretation is made by subjects of public power. Therefore legal statutes are means of the transmission of messages between the author of the legal texts (the legislator) and interprets of these texts (subjects of public power). That means that the law-making process is the communication between author and interprets. The law-making process, as well as any other communication, is determined by the context of the communication. From the context and its content and function is derived the obligation of the legislator to respond to changes of circumstances.
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