ÚSTAVNÍ SOUD JAKO POZITIVNÍ ZÁKONODÁRCE
The Constitutional Court as a positive legislator

Summary/Abstract: The convergence of anglo-american and continental legal systems leads to the modification of the role of the constitutional court – from being so-called negative legislator it becomes a positive legaislator in the sense of factually precedental character of its decisions. This situation brings many new challenges, so far unkown to our constitutional system, which have interesting consequences – the political pressure on the Constitutional Court is growing, it is even accused of unwillingness to decide on politically sensitive questions; the discussion is also being lead on the possibility of choosing the cases for judicial review, modification of system of appointment of judges and emphasizing their impartiality- All these issues are interconnected in the pattern known very well from major constitutional systems and the solution must be systemic and complex.

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