Svévole zákonodárce v judikatuře Ústavního soudu
The lawmaker’s arbitrariness according to the rhetoric of constitutional court

Summary/Abstract: Constitutional court abolishes each law which is in conflict with the constitutional order. In some cases, if the court abolishes the law, it simultaneously entitles the adoption of this law as the arbitrariness of the lawmaker and also designates the arbitrariness as the cause of the unconstitutionality. Can we therefore say that each law which was adopted arbitrarily is unconstitutional? And what it really means that the lawmaker was arbitrary? And is it possible to find different types of the arbitrariness or various arbitrary acts of varying intensity? Those are the issues the article is dealing with. The aim of the text is to refine the understanding of the term arbitrariness of the lawmaker. Since the usage of the term arbitrariness is highly subjective, the article is concerned just with the expressions of the Constitutional Court and tries to find out what the Constitutional court means by the term. Therefore the method used in the article is the analysis of judgments of the Constitutional Court on cases of the lawmaker’s arbitrariness.

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