Regulation of Gambling as a Glove Thrown before the Constitutional Court: the Constitutional Limits of State Supervision over Municipalities and their Design in the Constitutional Court's Case-law Cover Image

Regulace hazardu jako rukavice hozená před Ústavním soudem: ústavní limity „kontroly“ územních samosprávných celků a jejich dotváření judikaturou Ústavního soudu
Regulation of Gambling as a Glove Thrown before the Constitutional Court: the Constitutional Limits of State Supervision over Municipalities and their Design in the Constitutional Court's Case-law

Author(s): Ivo Pospíšil
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: rights of municipality; czech constitution;limits of state; functioning of municipality; constitutional court; case of complaint; normative competence; regulations of gambling

Summary/Abstract: The article deals with the right of municipalities to self-government regulated in the Czech Constitution and the limits set upon the state authorities to supervise them. It argues the Czech Constitution is relatively vague in the protection of the right to self-government while compared e. g. with the German or Austrian constitutions. The article then shows how the limits of state bodies, especially the Czech Parliament in regulating matters connected with the functioning of municipalities are designed in the case-law of the Constitutional Court. The author pointed out that this previous case-law will be relevant in the topical cases of complaints of several municipalities that are pending before the Constitutional Court at the moment and deal with the distribution of normative competences between the Parliament and the municipalities in the sphere of regulation of gambling.

  • Issue Year: 20/2012
  • Issue No: 2
  • Page Range: 111-116
  • Page Count: 6
  • Language: Czech