Důvodové zprávy a úmysl zákonodárce: teoreticko-empirický pohled
Explanatory Reports and Legislator's Intention: Theoretical and Empirical Approach

Summary/Abstract: This paper focuses on the concept of explanatory reports from a theoretical and empirical point of view, with a special focus on the concept of “legislator’s intention”. Its aim is to recall what an explanatory report is, but especially what it can be used for in legal practice (within the legislative process and also in the interpretation of law by courts). It also focuses on the issue of the intention of the legislator, when he draws attention to possible understandings and approaches for working with this concept in the context of explanatory reports. In addition to this theoretical dimension the paper also presents original empirical findings based on information obtained in the research of law-making with the Czech legislators. The paper is not limited to the domestic environment findings, but compares them with selected opinions of foreign authors. Thus, this article has the potential to enrich the awareness of explanatory reports, to help grasp the concept of legislator’s intention, and to lend a helping hand in their understanding at the theoretical level, and in their practical use.

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