The Generally Binding Notices and the City Districts
Vol.2,No.2(1994)
Abstract
Pages:
140–146
After the new Constitution of the Czech Republic became effective, not only the supreme legal norm of the greatest legal force (together with the Charter of Fundamental Right and Liberties) was changed, but also the basic idea of the organization of powers in the state, where the idea of the threefold division of power into the legislative, executive and judicial powers was fully applied. However, there are still many pre-November norms which are based on the old constitution, considering the state power, despite numerous post-Novcmber amendments, to be uniform and represented by its single supreme body, the parliament. One of the norms, seriously affected by the adoption of the new Constitution is the Municipal Act and the whole sphere of inferior legislation made by the local self-administration entities.
Further, the article concentrates on the problems connected with generally binding notices, issued in Brno and Ostrava, statutory cities without district offices, which are internally divided into city districts. This fact leads, together with the inconsisten solution of the problem of the position of the cities and the city districts, as given in the Municipal Act or the statutes of the cities respectively, may lead to possible conflicts between the legislations of the said subjects. The situation is complicated by the fact that city district have no legal subjectivity of their own and, except for Prague city districts, not even any delegated legal subjectivity.
140–146
Copyright © 2018 Zdeněk Koudelka