Dotváření Ústavy ze senátní perspektivy
Reshaping the Constitution as seen from the perspective of the Senate

Summary/Abstract: The law-making is a process of creation the abs­tract and general rules of human behaviour with san­ctions of the state power. The application of law, its part is also legal interpretation giving the rules a sen­se, transforms the abstract and general rules to the concret and individual form. This is a cause of din­stinction between "law in book" and "law in action". The legal theory speaks about the forming of the law (Fortsetzung des Rechts). To form the law is usually a task of the courts, but we can speak also about the forming of the law by the working other institutions; in this article we write about the czech Senat as regards as the Constitution. The Senat interpreted in many interesting cases the czech Constitution and gives by this way its own part to the tension between law in book and law in ac­tion, or between the Constitution on the paper and in reality. The Constitution transforms itself. There were cases important for the consideration of the relations between specific and common legislative process (constitutional and "organical" acts on the one and the common acts on the other side), parliamentary process of confirmation of international treaties, legis­lative process on the end of the term of the House of Deputies, flowing of the time in the Constitution, the relation of the Senat to the Government etc.

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