Vyslovení protiústavnosti zrušeného zákona nálezem Ústavního soudu a závaznost tohoto zákona a nálezu
Pronouncement of Unconstitutionality of the Act Repealed by the Constitutional Court and the Seriousness of the Law and Cindiny

Summary/Abstract: The Constitutional Court of the Czech Republic has found and executed its jurisdiction to declare inconsitency of an already derogated law with the constitutional order if it was petitioned by a court and if it is a law that is to be applied by the court to establish a duty of the body of the public power. If the petion was reasonable the Constitutional Court declared inconsistency of a law with specified constutional articles in the statement of its judgement and consequences of this inconsistence in the reasoning of its judgement; these nocsequences meant non-application of an inconsinent law and in one case an application of constitutional articles under the conditions formulated within the reasoning of the judgement as well.The constitutional review of derogated laws opens the issue of time limits of derogating and derogated laws; I share the view unlike the majority of jurists that a validity of a law in to the past is not excluded because of the definition of the law but because it is prescribed by constitutions of modern states and that irretroactive law preserves derogated law as a part of a legal order till the date of its derogation and as the legal reason of rights and duties having originated of it till its derogation.

• Details
• Contents