Teorie „ústavně limitované jednorázovosti“ (k nálezu rušícímu ústavní zákon o zkrácení volebního období Poslanecké sněmovny)
Theory of Constitutional Limitation to the Ruling That Repealed the Constitutional Act on Shortening of the Electoral Term of the Chamber of Deputies

Summary/Abstract: The article describes the decision of the Czech Constitutional Court that had cancelled the irregular dissolution of the Chamber of Deputies in summer 2009. The Constitutional Court considered that the constitutional act dissolving the Chamber suffered from the absence of general character of the provisions. The Chamber of Deputies was dissolved only in the single case, the act was not applicable for the future. This “mistake” has only few from the faulty features which are common for the act suffering from the absence of general character. The acts regulating the establishment of the institutions are always by some means concrete. The constitutional act could not discriminate other addressees of the act. It also could not be any “individual” act, which could have been in competence of other state authority than parliament (for inst. executive or judicial authority). There is necessary to ask, if some important purposes could not give reasons for the adoption of the single use legal rule. In the past we can find a lot of examples of the single use provisions.

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