Temporality ot the Law as a Wanted and Unwanted Value Cover Image

Dočasnost zákona jako hodnota chtěná a nechtěná
Temporality ot the Law as a Wanted and Unwanted Value

Author(s): Michal Říha
Subject(s): Law and Transitional Justice
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: rule of law; temporality; Smart Regulation

Summary/Abstract: Durability and stability of law are values always considered to be inherently connected with principles of good lawmaking. The main reason for this understanding is that they are condition for fairness of law and equality before the court of law. If same situations are decided differently it would mean that fundaments of law itself as a system are endangered. However modern times bring opposite problem – what if different situations are decided the same due to the fact, that factual situation changed but the legislation remained unchanged? The main issue of this paper is covering this problem which shows that even the basic postulates of law sometimes need to be questioned.

  • Issue Year: 66/2020
  • Issue No: 1
  • Page Range: 69-76
  • Page Count: 8
  • Language: Czech
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